Victim or Perpetrator? e Criminalization of Migration and the Idea of 'Harm' in the Labour Market Context

18 Pages Posted: 17 Jul 2024

See all articles by Cathryn Costello

Cathryn Costello

University College Dublin (UCD); University of Oxford - Faculty of Law; University of Oxford - Refugee Studies Centre; Hertie School

Date Written: February 08, 2020

Abstract

This chapter provides powerful arguments against the criminalization of irregular migration. It does so by testing the extensive criminalization of irregular migrants against standard liberal principles of criminalization. The chapter argues that it is very difficult to identify any direct wrongs or harms to others that arise in virtue of ‘irregular’ migration. Furthermore, a malum prohibitum offence cannot be justified. Against these weak arguments in favour of criminalization, this chapter identifies compelling reasons against criminalization. Criminalization leads to further criminalization, which ultimately undermines both  migrants’ and local workers' fundamental rights. It also blocks discussion of one particularly worker-protective regulatory response to irregular migration, namely regularization. In truth, the criminalization of migrants represents a context where there has been a decisive rupture with liberal principles of criminalization.

Keywords: refugees, asylum seekers, migrants, work, criminalisation, criminal law theory, malum prohibitum, mala in se, regulatory crimes, criminalisation of migration, crimmigration

Suggested Citation

Costello, Cathryn and Costello, Cathryn, Victim or Perpetrator? e Criminalization of Migration and the Idea of 'Harm' in the Labour Market Context (February 08, 2020). Available at SSRN: https://ssrn.com/abstract=4893465 or http://dx.doi.org/10.2139/ssrn.4893465

Cathryn Costello (Contact Author)

University College Dublin (UCD) ( email )

Belfield
Belfield, Dublin 4 4
Ireland

HOME PAGE: http://https://people.ucd.ie/cathryn.costello

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

University of Oxford - Refugee Studies Centre ( email )

Oxford Department of International Development
32 Mansfield Road
Oxford, OX13TB
United Kingdom

Hertie School ( email )

Berlin, 30123
Germany

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
25
Abstract Views
120
PlumX Metrics