In recent years, the deportation and detention of immigrants has become a common phenomenon around the world. In this article, we shed light on the global expansion of crimmigration (the increasingly blurring of lines between immigration and criminal laws) and examine in depth the United States as an example of this trend. Crimmigration scholarship has largely focused on the processes in which laws, media narratives, and political discourses criminalize undocumented immigrants. We summarize the literature that demonstrates how these processes are predicated on the racialization and gendering of certain immigrants, in the United States and elsewhere. Using the US case as an example, we discuss how criminalization practices are closely tied to for profit prison interests. Finally, we provide suggestions for future research to critically examine the criminalization of immigration and immigrants.

In this article we explore the policy and legal build-up that led to the 2017 Executive Orders targeting Latino/a immigrant families and communities. We provide a historical backdrop for the merging of criminal and immigration laws that has contributed to the criminalization of the behaviors, bodies, and communities of Latino/a immigrants. We then look at the media narratives that burry immigrants’ complex identities and reproduce daily the demonization of Latino/as as criminals. Together, these factors contribute to socially construct a “Brown Threat” which reproduces anxieties and fears about crime, terror, and threats to the nation, affecting the everyday lives of immigrants and non-immigrants alike, though in different ways. Based on an 18-month ethnography in a small Kansas town carried out before and after the signing of Executive Orders in 2017, we examine the spill-over effects of this environment on Guatemalan immigrant families as well as on non-immigrant Anglo-white residents in a rural community.

Using interviews and ethnography started in 2016 in rural and urban Kansas, we examine the consequences of an amplified immigration enforcement combined with a local limited health care infrastructure that reproduce legal violence manifesting on Latina immigrants’ health, access to care, and community participation. We highlight the conditions rooted in place that generate short- and long-term negative impacts for Latina immigrants’ health. Fear and anxiety about the deportation of themselves and their family members make them ill and also generate apprehension about contacting medical institutions, driving, and spending time in public spaces. These circumstances coalesce in women’s lives to block access to medical care and undermine women’s roles in their communities. Following gendered expectations, women turn to their informal networks to seek health care for their families. In the context that the enforcement regime has created, these ties can turn exploitative.

We explore the criminalization of Latina immigrants through the interwoven network of social control created by law, the justice system, and private corporations—the immigration industrial complex. Considerable scholarly research has focused on understanding the overtly coercive practices of deportation and the consequences for families and communities; less attention has been devoted to the social control mechanisms of detention facilities and “Alternative to Detention Programs” (ATD programs) operating in the United States. We know relatively little about the consequences for immigrant populations, especially of the purported “humane” practices in the enforcement apparatus. Based on existing documents produced by governmental offices, including Department of Homeland Security, Immigration and Customs Enforcement, Border Patrol, Government Accountability Office, nonprofit organizations, advocacy groups, and private correctional facilities, we conducted semistructured interviews with 11 immigration lawyers who have access to women who are and/or have been detained, are in supervised ATD programs, are/were in deportation proceedings, or attempt(ed) to claim asylum. An examination of immigration confinement, especially the laws and policy decisions behind the exponential increase in these detentions, reveals important gender dynamics in these practices. The subtle and benevolence-signaling discourse evoking “family,” “motherhood,” and the care of children masks the harsh “business as usual” tactics that treat women and their children in ways indistinguishable from those used in the criminal justice system. We contend that this feminized and infantilized language functions to conceal widespread civil and human rights violations, physical and sexual violence, and mistreatment reproduced by the immigration detention system today.

Immigration laws, judiciary hearings, and enforcement strategies produce the racialization of illegality, linking “illegality” to homogenized and stereotypical images of “Mexican,” “Hispanic,” and “Latina/o” origin. Immigration scholars have shown the transgressions produced by the racialization of illegality on Latina/o immigrants and non-immigrants who fit these stereotypes. How do Latina/o immigrants of different ethnic origins navigate the racialization of illegality? What strategies do they employ to manage risks associated with illegality? Through 61 interviews with Indigenous-origin and non-Indigenous Latina/o immigrants in Kansas between 2016 to 2019, this study examines the salience of race and the active role that the body plays within Latina/o immigrants’ experiences with the immigration regime. I find that immigrants actively employ the body as a resource to navigate illegality, particularly in a context where Latina/os make up a smaller share of a white-majority population. The racialization of illegality brings social divisions within Latina/o groups, reproducing centuries-old systems of oppression where whiteness is equated with protections given to citizens, while “looking Mexican” or “Hispanic” leaves Indigenous-origin immigrants and non-white Latina/os at the hands of immigration control. This research contributes to scholars’ call to further explore the role of race and the body in immigration processes.

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In the past two decades, the trend toward immigrant criminalization has increased dramatically. Drawing on analysis of recent immigration-related Executive Orders as well as interviews with Latino immigrants in Kansas, we argue that these expanded forms of immigrant criminalization amount to legal violence, with an unprecedented reach. Our focus on Kansas, a state that has not been at the forefront of anti-immigration laws like other states have, demonstrates this new reach. Our research demonstrates that the hypercriminalized immigration regime has direct implications for the everyday lives of immigrants.

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