RT Article
T1 Foreigners’ crime and punishment: Punitive application of immigration law as a substitute for criminal justice
JF Theoretical criminology
VO 28
IS 1
SP 70
OP 87
A1 Könönen, Jukka
LA English
YR 2024
UL https://krimdok.uni-tuebingen.de/Record/1881290859
AB Notwithstanding claims about the emergence of ‘crimmigration’ systems, immigration law and criminal law entail two different sets of instruments for authorities to control foreign nationals. Drawing on an analysis of removal orders for foreign offenders in Finland, this article demonstrates that significant administrative powers in immigration enforcement are employed largely autonomously from the criminal justice system. Immigration law enables the police and immigration officials to issue removal orders based on fines or penal orders for (suspected) minor offences, without obtaining criminal convictions. In addition to disproportionate administrative sanctions for foreign nationals, removal orders involve a preventive rationale targeting future risks for the society based on the assumed continuation of criminal activities. While criminal courts adjudicate all severe offences, punitive application of immigration law enables authorities to bypass criminal justice procedures and safeguards, resulting in a distinct, administrative punitive system for visiting third-country nationals.
K1 Punishment
K1 Prevention
K1 Police
K1 Deportation
K1 Crimmigration
K1 Criminal Justice
DO 10.1177/13624806231171602