Criminalising Migration: The Vicious Cycle of Insecurity and Irregularity

Abstract

Recent years have witnessed growing emphasis on exceptional measures to address unauthorised arrivals. This article unpacks the relationship between migration policies, irregularity, and insecurity, by examining the consequences of a specific, yet often neglected, measure: the criminalisation of irregular migration (namely, the introduction of the “crime of irregular migration”). Investigating the cases of Italy and France, two of the countries with the most severe sanctions in Europe, it argues that criminalisation led to a two-fold feedback loop. On the one hand, by exceptionalising migration and constructing a continuum between migrants and criminals, criminalisation enhanced a sense of insecurity among the domestic public. On the other hand, by giving foreigners in irregular situations a criminal record, it increased their reliance on underground networks to stay and work in destination countries. Overall, this fostered demand for restrictive, yet counterproductive, policies, creating a vicious cycle of insecurity and irregularity.