Criminal Policy In Relation To Immigrants

Criminal policy in relation to immigrants

The incidence in the traditional migratory phenomenon of multiple paradigms such as economic globalization, the vulnerability of the power of the Nation State, the globalization of crime, and the increase in this sense of insecurity in a risk society in which the dangers increasecoming from is own human activity.

In the current globalized world, social policies for wealth distribution barely have transnational efficacy, so that the market trend can barely be controlled for the benefit of the most disadvantaged. The escape effects of poverty and call from rich societies, which have led to the globalization of immigration, which experts call the "counterweight of formal globalization" as indicated by Ribas Mateos cited in Llinares, m.

The displacement of populations fleeing poverty and the intention of states to stop migratory flow by increasing border controls, has led to organized mafias to have the opportunity to exercise the immigrant traffic market on a global scale. Thus, the illegal traffic of people, the slavery of the 21st century, either for the subsequent prostitution or simply for its illegal entry into a rich country, is a criminal activity that provides more and more benefits, so it begins to be monopolized byThe same mafias that are also dedicated to arms trafficking, drugs or even international terrorism as Rubio Pardo indicates of various studies cited in Llinares, m 

Of the elements that influence the perception of insecurity, immigration is a determining factor in such perception having a primary relevance.

We talk about a phenomenon with various faces, which develops at different levels within social and political organization, and that converge in a line of criminalization of the phenomenon for various causes.

The designed immigration policy model responds to the management of eminently labor migratory flows and, therefore, is conditioned to the needs of the national employment situation, although other purposes that accompany this manifest their suspicion before the suspicion before thePhenomenon of the crime of foreigners through the configuration of a series of measures that prevent their establishment in our country and that seek their expulsion from our borders.

The vision around foreigners has to do with one of the most important criminological phenomena in recent decades: organized crime. This social perception that the linking of foreigners with the various types of illegal traffic, as well as with other criminal behaviors especially when criminal activity is developed internationally. Convenient situation fed and used by certain political positions.

In a more advanced stage, the identification of the foreigner with extreme violence is encouraged, this time associating religious confessions or socio-political convictions mixed with strong doses of fanaticism.

The exposure of immigrants to greater police pressure, for having the consideration of a potentially dangerous subject increases the possibilities of being selected by the police and therefore discovered and detained leading to the presence of immigrants in the prisons over prisons aboveYour demographic weight.

In general, expulsions are not carried out, which has as its effect that they are relegated to the submerged and marginalization economy leading to the confusion of irregularity -ilegality-criticality.

Criminological characteristics

Political-critical measures against the crime of immigrants part of the foreigner association as a variable directly related to crime. This representation of foreigners is based on police and imprisonment seclusion statistics compared to it, demographic weight of these in the national territory

Being subject to greater formal control due to the ease of their identification, and the prevalence with which they face the provisional prison, especially those who are in an irregular situation, facilitated by the lack of address and roots are factors that could explainThat representativeness. This marginalization environment is also used by organized crime that use irregular foreigner for the commission of the organization’s criminal purposes.

We could say as Garcia indicates, to.Yo. Cited in Rodríguez, C, what determines crime is not its status as a foreigner but the confluence of various realities and situations that occur more frequently in foreigners than in nationals, placing them in a higher criminal risk.

Certain studies make statements within the analytical models of labeling and social conflict, and establish that discrimination is the factor that explains the high crime rates between ethnic minorities and therefore in foreigners. (Guerette, 2006).

On the other hand, although there is no common pronouncement on the different social factors in the explanation of the crime of immigrants, although it focuses on most studies especially in the United States the factors that make up social disorganization and the factor of the factor ofthe opportunity.

As not all social groups have the same opportunities for obtaining wealth and social position, some subjects will innovate to have an advantage through the available illegitimate opportunities, being able to be found in these disadvantaged groups “immigrants” that, throughFrom current criminal policies to respond to the immigration problem, they tend to victimize and claim them even vicious circle deniving them legitimate access to wealth and inclusion. That is, and in Marshall’s words cited in García, E (2014) “We are facing a context of specific institutionalized discrimination for immigrants that stands in the most outstanding factor of a motivating opportunity situation."

State response

Within this immigration-of-decline relationship, the State has used criminal law to avoid the presence of the unwanted foreigner by modifying the CP with the supposed intention of the defense of the foreigner but that in reality causes the opposite.

LOEX includes a first group of administrative measures aimed at preventing entry or permanence in Spanish territory of people charged or convicted of crimes, already in Spanish territory, already in Europe.

The 1995 CP configures the expulsion of irregular foreigners as a criminal substitute (art. 89 Assuming a perfect complement role to foreigner legislation, although their aims and objectives do not have to be converge. Although a series of criminal types are incorporated directly to the legal-national protection of the immigrant, such as the crimes of discrimination, crimes against the rights of workers or crimes of illegal trafficking. With all this, a contradiction and tension is produced in the Criminal Code, between the protection functions inherent in criminal law and the functions of the control of migratory flows, whose function is not proper to the CP but which is assumed by this as a consequence as a consequenceof the failure of the merely administrative regulation of the Foreigner Law,

This measure of expulsion as a measure to the problem raised by the presence of immigrant population in its marginality condition and with it a high level of crime as already detailed, it becomes resolved by the CP, where it says it can be a preceptIncompatible with the principle of jurisdictionality, incompatible with that of equality since it establishes a different discipline according to criteria to those who inspire being scarcely respectful of the requirements of the non bis in idem