Mundane Marginalization

Abstract

The increase in immigration is an adverse effect of an increasingly globalized world.Access to mobility has become an indicator of status because the movement of certain populations is restricted through methods like immigration detention. In Canada, immigration is becoming criminalized to the extent that children are being detained in immigration holding centres (IHC) and other facilities. In this paper, I conceptualize the immigration detention of children in Canada as a crime of the powerful because it is a symptom of a corrupt system. In this system, pro-social behaviour caters to the interests of those in power at the expense of vulnerable populations. David Friedrichs (2015) highlights 'mundane' crimes of the powerful which occur on a regular basis but are often overlooked since they maintain the social order (p. 113). Specifically, I argue that the detention of children in IHCs and other facilities in Canada is a 'mundane' crime of the state because the 1989 United Nations' Convention of the Rights of the Child (UNCRC) is strategically applied to maintain the interests of those in power.First, I present a literature review that provides a description of the issue and draws on criminological theory to create an analytical framework. Next, I present an analysis organized around the following concepts: human rights, power, prevention, equality, and justice. In the analysis, I use legal definitions, where available, and commonly accepted definitions, where 2019 Canadian Journal of Children's Rights 243 necessary, to critique dominant narratives that permit the violation of children's rights, through acts like immigration detention. Finally, I evaluate existing solutions and alternatives as well as propose new ones to work towards ending the immigration detention of children in Canada.Ultimately, I will demonstrate that the detention of children in IHCs and other facilities is a 'mundane' crime that is used to maintain systems of power. Literature Review Immigration Detention of Children in Canada: A 'Mundane' Crime of the Powerful'State crime' has always been difficult to define within the context of criminology. Rick Matthews and David Kauzlarich ( 2007) argue that conceptualizations of state crime are constrained by the legal approach. For the purposes of this paper, state crime includes all harms resulting from acts and/or omissions perpetrated by governmental agencies and/or organizations that may serve their own self-interests (p. 46-47). These acts or omissions may or may not be criminalized and may even be facilitated through legislation. Thus, the immigration detention of children should be understood as a criminological issue as it is perpetrated by the state through the act of detention and failure to guarantee the rights of these children.To further understand the state's interests in detaining children in IHCs and other facilities, criminology must broaden its object of study. 'Crimmigration' is defined as the "convergence" of criminal law and immigration law (Stumpf, 2006, p. 378). João Velloso (2...