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José Ángel Brandariz García University of A Coruña, Spain

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Presentation on theme: "José Ángel Brandariz García University of A Coruña, Spain"— Presentation transcript:

1 José Ángel Brandariz García University of A Coruña, Spain branda@udc.es www.ecrim.es

2 ◦ Crimmigration theory (Stumpf, 2006) ◦ Governing through crime (Simon, 2007) ◦ Criminal Law of the Enemy (Jakobs, 1997; 2004) ◦ Homo Sacer, State of Exception (Agamben, 1995; 2003) ◦ Governmentality Studies (Foucault, 2004; Rose, 1999; Dean, 2010) ◦ Spanish Crimmigration policies  Sovereign reading (Cancio Meliá, 2005; Iglesias Skulj, 2011; Navarro Cardoso, 2006)  Governmental reading (Calavita, 2005; Brandariz García, 2011)

3 ◦ Spain: very prominent phenomenon of migrants’ arrival  Foreign population multiplied by 6 in 10 years (0.92 million -2000- 5.74 million -2010-)  Government of phenomenon through sovereign measures (i.e., centres of detention, administrative removals, penal deportations)  However: Less sovereign reading outcomes these policies  Outcome: Less exclusion than differential inclusion

4 ◦ Reviewing Literature context of crisis ◦ Spanish Government: innovations field Crimmigration policies ◦ Government’s main perspective: currently migrants are no longer necessary – Organizing return  No major effects of this policy  Return migration solely certain nationals (Bolivia-born individuals: 16.1% drop; Brazil-born individuals: 14.2% drop between 01/2009 and 01/2012)  Total amount foreign population remained constant since beginning of Great Recession (5.64 million -12% total population- 01/2009; 5.71 million -12.1% total population- 01/2012)

5 Source: National Statistics Institute (INE), Spain Year (1 st January) Foreign Pop. (Total/million) Foreign Pop. (%/Total Pop.) Year-on-Year Evolution (Total amount) 20000.9232.2%+ 23.3% 20011.3703.3%+ 48.4% 20021.9774.7%+ 44.3% 20032.6646.2%+ 34.7% 20043.0347.0%+ 13.8% 20053.7308.4%+ 22.9% 20064.1449.2%+ 11.0% 20074.5199.9%+ 9.0% 20085.26811.4%+ 16.5% 20095.64812.0%+ 7.2% 20105.74712.2%+ 1.7% 20115.75112.2%+ 0.1% 20125.71112.1%- 0.7%

6 ◦ Sovereign, exclusive measures/Measures bound to economic aims/management of efficiency ◦ 1 st Innovation: (Re-)launch of racist raids main Spanish cities (since 2008)  Spanish Government: Denial – Madrid’s data  Previous Socialist Government → Police Order No. 1/2010: arrest of migrants –irregular and regular alike- who do not carry residence permit  Raids policy understood expression revival sovereign rationale of control context of the crisis (aimed to: legitimize institutional governing employment shortages, ensure social cohesion, prevent emergence xenophobia)  However: Incorporation neo-liberal elements of control - Governmental organization of police profiling  Monthly quota of arrested irregular migrants – Moroccan nationals priority (Madrid, 2008)  Raids policy not only expression of sovereign control - It incorporates neo- liberal concern for efficiency

7 ◦ 2 nd Innovation: Deportation Policy  Evolution: a) remarkable drop administrative removals; b) almost total replacement of administrative removals by criminal deportations  2000-2007: Vast majority of deportations → administrative removals  Since 2008: Significant drop administrative removals Recession context (2008: 5052 → 2011: 2244)  Since 2008: gradual replacement of administrative removals by criminal deportations (2008: 5564 -52,4% total- → 2011: 9114 -80,2%-)  New centre-right Government; main goals: a) Decrease amount of administrative removals; b) Reserve detention centres for penal deportations

8 Source: Home Office, Spain YearExpulsions (Total) Year-on-year Evolution 2002 12159 2003 14104+15.9% 2004 11014-21.9% 2005 11002-0.1% 2006 11567+5.1% 2007 9467-18.1% 2008 10616+12.1% 2009 13278+25% 2010 11454-13.7% 2011 11358-0.8%

9 Source: Home Office, Spain YearAdministrative removalsYear-on-year Evolution 20085052-- 20095687+12.6% 20103258-42.7% 20112244-31.1%

10 Source: Home Office, Spain YearCriminal deportations Year-on-year Evolution Percentage of total expulsions 20085564--52.4% 20097591+36.4%57.2% 20108196+8.0%71.6% 20119114+11.2%80.2%

11  The complex hybridization of neo-liberal and sovereign devices in the field of Crimmigration policies ◦ Analyzing double evolution of deportation policy  Sovereign reading: Spanish Government is aiming to strengthen legitimacy, by announcing deportation policy now focused on delinquent migrants  Inaccurate/incomplete reading – Interpretation evolution deportation policy: neo-liberal perspective  Evolution shows concern limits of public budgets – Amount of administrative removals has to drop because there are not enough resources  Policy assumption: most appropriate to enforce penal deportations → criminal ground more solid - Evolution shows concern improving efficient use scarce resources/actuarial mode of risk management  Nevertheless: Evolution of deportation policy not consistent with raids policy

12 ◦ Actuarial/economic rationalization of control policies not simple task – Overcoming sovereign trends domain of security policies → slow and controversial process ◦ Literature claims field of control policies not only guided neo-liberal guidelines, but also neoconservative trends, occasionally coming into conflict  Recent Literature on governmentality highlighted neo-liberal government through conduct of freedom complemented sovereign rationales of power  Recent Literature qualified 1990s texts on governmentality: emphasized exclusively centrality of government through freedom ◦ Foucault (2007) pointed out that different technologies of power do not replace each other, but come into conflict in the same historical time ◦ Spanish experience field of Crimmigration policies demonstrates may coexist devices of societies of security/sovereign societies/neo-disciplinary dynamics


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