Migration and Crime in a Divided World

BY Antje Missbach, Soledad Álvarez Velasco, and Luigi Achilli

In recent years, the global approach to irregular migration has shifted significantly towards a strategy of containment and deterrence, embodied in the reinforcement of borders and the implementation of stringent, externalized, and criminalizing migration policies. This paradigm, ostensibly crafted to manage and reduce the influx of migrants, paradoxically, has not led to a decrease in migration. Instead, it has rerouted the journeys of those seeking refuge and better life opportunities, pushing them towards more perilous paths, where surveillance is not only in the hands of the state, but of criminal actors.

The Mediterranean Sea, the deserts bordering the United States and Mexico, or the Darién jungle serve as stark examples of this phenomenon. These regions, now synonymous with the dangers migrants face, are littered with the untold stories of individuals and families who, despite the increased risks, continue to embark on these treacherous journeys. The hardening of borders in Europe, for example, has not resulted in a significant drop in the number of people attempting to cross into the continent. Rather, it has led to a shift in migration routes, with individuals seeking new, often more dangerous, pathways to avoid detection. Similarly, across the Americas, the bolstering of the US-Mexico border has pushed migrants to take more hazardous routes through remote desert areas, increasing the likelihood of distress and death. The U.S. remote control efforts to contain unwanted migrations via reinforced visa schemes implemented in Mexico and Central America have likewise confined Global South migrants to traverse the dreadful Darién jungle.

Beyond the Image of Migrants as Vulnerable Victims

Migrants facing stringent laws and the threat of criminalization demonstrate considerable agency, contrary to the notion of them being merely passive subjects to these conditions. Their experiences under restrictive and criminalizing policies vary widely across different ethnicities, ages, genders, classes, and geographical regions. These varied experiences indicate that migrants, even when placed in environments characterized by exploitation and limited options, actively engage with, navigate through, and occasionally influence the policies and circumstances that attempt to delineate their status.

For example, the situation observed in the borderlands between Ecuador and Colombia showcases how episodes of criminalization have not deterred the flow of migrants. Instead, it has led to a surge in unauthorized crossings, evidencing the adaptability and resourcefulness of migrant communities. These crossings are often facilitated by complex networks of guides and smugglers, via trochas, unlawful land and river border crossings are locally known, underscoring a sophisticated ecosystem with its own temporalities, socio-economic and political practices that operates outside the purview of traditional law enforcement. Similarly, in Europe, migrants' participation in low-level economic activities, often straddling the grey areas of legality, manifests as a pragmatic response to the obstacles they encounter. Whether through informal labor markets or other avenues of sustenance that lie outside the bounds of legality, migrants exhibit a nuanced understanding of the systems they navigate, challenging the premise that criminalization serves as an effective deterrent to migration.

In essence, the interaction between migrants and the framework of criminalization unfolds as a contested dynamic interplay, wherein policies designed to control migration not only fail to address the root causes of displacement but occasionally exacerbate the very issues they aim to solve.

Beyond “Resistance”: The Role of “Criminalized” Actors in Reproducing and Changing Criminalization

When we talk about how migrants deal with tough migration laws and the risk of being criminalized, it's a lot more complicated than just saying they either give up or fight back. Their choices and actions are shaped by their unique situations and aren't always easy to predict.

Take migrants from Congo living in South Africa as an example. They find themselves in a bind, forced to take part in the underground economy not out of a wish to rebel but simply to get by under strict laws. This kind of survival strategy can unfortunately lead to more negative views towards them, making their situation even harder. Over in Afghanistan, people running smuggling operations react to European Union's strict border controls in surprising ways. Instead of just opposing these controls, they adjust and start to see their work in a new light, justifying what they do in the face of legal crackdowns. Then there's the case of young migrants without guardians in Lebanon, who show us they're not just victims. Despite being in a tough spot, they make active choices, sometimes even engaging in illicit activities as a way to deal with their difficult circumstances.

These stories from different parts of the world show us that migrants' responses to being criminalized are varied and complex. They're figuring out how to navigate through a maze of challenges, socioeconomic and political conditionalities, driven by different needs, pressures, and possibilities. To really understand what's going on, we need to move beyond simple black-and-white binary fixed thinking and see from a migrant-centered perspective the full range of how migrants constantly interact with, circumvent, or even contest the laws and barriers they constantly face.

Toward a better understanding

The COVID-19 pandemic has exacerbated the unresolved conflict between mobility and control which characterizes 21st-century global apartheid. Recently, Saudi guards attacked Ethiopian migrants, and in Texas, barriers with barbed wire were placed in the Rio Grande, endangering migrants' lives. The primary driver behind the continued criminalization of migrants is the self-perpetuating crisis narrative, enabling governments to wield extraordinary powers and bypass democratic procedures in legislation. To decriminalize migration, political leaders must craft policies towards a new global migration framework that prioritizes protecting migrants' lives and garner support from civil society movements.

Article Details
Migration and Crime in a Divided World: Strategies, Perceptions, and Struggles
Luigi Achilli, Antje Missbach, Soledad Álvarez Velasco
First published June 11, 2024 Introduction
https://doi.org/10.1177/00027162241251625
The ANNALS of the American Academy of Political and Social Science

About the Authors