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Hoang and Reich Comparative Migration Studies (2017) 5:12 DOI 10.1186/s40878-017-0056-0 ORIGINAL ARTICLE Open Access Managing crime through migration law in Australia and the United States: a comparative analysis Khanh Hoang* and Sudrishti Reich * Correspondence: khanh.hoang@anu.edu.au Migration Law Program, ANU College of Law, Australian National University, Canberra, Australia Abstract This article examines the intertwining of migration law and criminal law — termed ‘crimmigration’ by scholars — in Australia and the United States of America, and its implications for non-citizens who engage in criminal conduct. Our comparison of the two systems demonstrates that the laws and policies in both jurisdictions are similar to a significant degree. Both have strong exclusionary policies characterised by sweeping visa cancellation/removal powers, a heavy focus on enforcement, and limited review rights. In Australia, legislative amendments in 2014 have given the executive greater powers to cancel visas and remove non-citizens on character grounds as a means of ensuring national security and public safety. This has coincided with a new law enforcement body created within the Australian Department of Immigration. These changes reflect a repurposing of migration law as a tool for managing criminal threats based on the concept of ‘risk management’. Drawing on the experience of the United States — where such a ‘risk management’ approach is entrenched — we query t ...
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Tags: Sociological theories administration and management of criminal justice Australia crimal justice system

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