What Works for Irregular Migrants in the Netherlands?

Boone, Miranda; Kox, Mieke

doi:10.1177/206622031200400305

Cited by 5 publications

(4 citation statements)

References 4 publications

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“…Whereas the logic behind the lack of focus on resocialisation is that foreign national prisoners do not return to Dutch society, they always do return to a society. As Boone and Kox (2012) note, the Dutch supreme court ruled already in 1987 that non-Dutch prisoners have the right to resocialisation, no matter which society they will return to. Moreover, a substantial number of foreign national prisoners are eventually released in the Netherlands again.…”

Section: Conclusion and Discussionmentioning

confidence: 99%

“…So-called departure supervisors of the Repatriation and Departure Service (DT&V), a specialised organisation responsible for returning unauthorised migrants to their country of origin, are working inside this prison to ensure prisoners are deported at the end of their sentence. Despite these significant developments, empirical research into the punishment of foreign national prisoners in the Netherlands is virtually non-existent (Bolhuis et al., 2017; Boone and Kox, 2012). This article therefore analyses more in-depth these recent changes in the punishment of foreign national prisoners in the Netherlands and examines how this is understood and experienced by both prisoners and prison officers.…”

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confidence: 99%

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Bordered penality in the Netherlands: The experiences of foreign national prisoners and prison officers in a crimmigration prison

Brouwer

2020

Punishment & Society

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In recent years there has been growing attention for so-called crimmigration prisons: all-foreign prisons with immigration staff embedded where not rehabilitation, but deportation is the ultimate aim. Following Norway and the United Kingdom, since 2014 the Netherlands is another country with such a prison. This article analyses penal policies in the Netherlands vis-à-vis foreign national prisoners, including the establishment of the crimmigration prison. Drawing on extensive empirical fieldwork in the crimmigration prison, it subsequently examines how this is experienced and understood by both prison officers and foreign national officers. The results show that the limited opportunities to work on rehabilitation means that prison officers struggle to find meaning and satisfaction in their work. For prisoners, experiences in the crimmigration prison strongly depend on their subjective identity and attachment to the Netherlands. Whereas the lack of meaningful activities and remote location of the prison considerably add to the pains they experience, specific elements of the prison also help to mitigate some of the pains foreign national prisoners most commonly experience, especially isolation and uncertainty. The article finishes by a discussion about what this says about how the state should treat individuals it seeks to both punish and deport.

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Section: Conclusion and Discussionmentioning

confidence: 99%

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confidence: 99%

Bordered penality in the Netherlands: The experiences of foreign national prisoners and prison officers in a crimmigration prison

Brouwer

2020

Punishment & Society

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“…And the implementation of community sanctions becomes problematic, and in some cases moot, when defendants are unlikely to return to the society in which they are convicted. Indeed, Dutch prosecutorial guidelines recommend against certain community sanctions such as work penalties for irregular migrants, those likely to lose their residency, or those likely to be officially deemed 'persona non grata' (van Kalmthout et al, 2007;Boone and Kox, 2012). This may be salient in the Netherlands, where more than 18 million tourists visit annually and migrants commit a significant amount of crime (Unnever, 2018).…”

Section: Citizenship and Punishmentmentioning

confidence: 99%

The Criminal Case Processing of Foreign Nationals in the Netherlands

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Wermink

2020

European Sociological Review

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Foreign nationals are increasingly encountering the criminal justice institutions of many European countries. Yet, basic questions about how they are punished within these institutions, particularly at the early stages of case processing, remain unanswered. This article combines linked case information from arrest through sentencing with interviews of Dutch judges and prosecutors to fill this gap. Our findings reveal considerable unexplained citizenship disparities in multiple case outcomes. Compared to Dutch citizens arrested for the same crimes and with similar criminal records, foreign nationals are more likely to have their cases referred to court, to be detained, convicted, and imprisoned. The interviews identified several mechanisms that explicate these differences, including (i) annoyance when foreign nationals are perceived to be in the country for the purpose of committing crime; (ii) logistical issues when noncitizens do not have a permanent residence, and; (iii) undermining the need for reintegration because many defendants are unlikely to remain in the Netherlands.

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“…This decreases the experienced legitimacy of being imprisoned and hampers them envisaging their future, something that is also complicated by the lack of proper rehabilitation opportunities (cf. Boone and Kox, 2012) and little opportunity to maintain long-distance relationships. These findings are in line with other studies on the experiences of foreign–national offenders and seem to be caused by the lack of a legal status and confinement in non-inclusionary prisons (Kaufman, 2015; Kox et al., 2014; Turnbull and Hasselberg, 2017).…”

Section: The Pains Of Imprisonmentmentioning

confidence: 99%

The pains of being unauthorized in the Netherlands

Kox

Boone

Staring

2020

Punishment & Society

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Ethnographic fieldwork amongst 105 unauthorized migrants in the Netherlands shows that unauthorized migrants suffer from the pains of being unauthorized. These migrants feel punished and are severely hurt by – amongst others – the deprivation of healthy and secure living conditions, social and geographical mobility and citizenship. These migrants’ pains are caused by current restrictive migration controls, something the Dutch authorities could and should be aware of given previous research that provides similar insights. While the Dutch authorities do provide – the legally required – provisions for unauthorized migrants, we argue on the basis of Hayes’ proximity model that these authorities accept the collateral consequences of (possibly) being subjected to migration controls and purposely inflict these pains on unauthorized migrants. This means that migration control is not only experienced as punishment by those subjected to it, but that it is also intended to punish. The current system of migration control has as such expanded the reach of penal power. This implies that ‘punishment and society’ scholarship should also look beyond the borders of nation-states and criminal laws in order to understand contemporary punishment.

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What Works for Irregular Migrants in the Netherlands?

Cited by 5 publications

References 4 publications

Bordered penality in the Netherlands: The experiences of foreign national prisoners and prison officers in a crimmigration prison

Bordered penality in the Netherlands: The experiences of foreign national prisoners and prison officers in a crimmigration prison

The Criminal Case Processing of Foreign Nationals in the Netherlands

The pains of being unauthorized in the Netherlands

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