By Brandon L. Garrett

Immigration laws are not just criminally enforced against individuals, but also corporations. For individuals, “crimmigration” is pervasive, as federal immigration prosecutions are a mass phenomenon. More than a third of the federal criminal docket—nearly 40,000 cases each year—con sists of prosecutions of persons charged with violations of immigration rules. In contrast, prosecutors rarely charge corporations, which are required to verify the citizenship status of employees. This Article sheds light on this unexplored area of corporate criminal law, including by presenting new empirical data. In the early 2000s, corporate immigration enforcement for the first time increased in prominence. During the Obama Administration, this trend accelerated, with a total of 101 corporate immigration prosecutions brought, and record penalties imposed. Under the Trump Administration so far, however, there have been just seven corporate immigration prosecutions, and the only large cases have been legacy matters from the prior Administration. This Article does not suggest that workplace immigration screening and enforcement, much less criminal enforcement, is desirable. Instead, this Article explores how corporate charging dynamics may exacerbate tensions inherent in criminalizing immigration in the workplace. This Article contrasts the mass prosecution of individuals, under strict zero-tolerance rules, with the leniency-oriented approach towards firms that carefully considers collateral consequences, to shed light on internally conflicted federal policy at the intersection of corporate and immigration law. Now that the federal criminal dockets have become dominated by immigration enforcement, the problem of “corporate crimmigration” deserves more urgent attention.

360 I. II. UNIVERSITY OF ILLINOIS LAW REVIEW TABLE OF CONTENTS [Vol. 2021]

By Jukka Könönen

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.

Theoretical Criminology Volume 28, Issue 1, February 2024, Pages 70-87

By J. Brouwer.

Border control has changed significantly in recent decades. Whereas globalisation appear s to have diminished the relevance of international borders, states have simultaneously sought ways to regain some form of control over cross-border mobility. In this process, alternative and novel means of border enforcement have emerged. What do these bordering practices look like? How are they implemented on the ground and experienced by those subjected to them? These are the main questions this dissertation aims to answer. To that end, it looks at bordering practices in the Netherlands through the lens of crimmigration, the term used to refer to the growing merger of criminal justice and migration control. Relying on extensive empirical fieldwork – including observations, focus group discussions, surveys, and in-depth interviews – the dissertation examines two border ing practices: intra-Schengen migration policing and the punishment and deportation of criminally convicted non-citizens. The different empirical chapters highlight the various ways these contemporary bordering practices are shaped by and in their turn shape the criminal justice system, and how this ultimately results in considerable challenges for the legitimacy of both the migration control and the criminal justice system.

Leiden: Leiden University, 2020. 251p.