CRIMINALISATION OF IMMIGRATION LAW
CRIMINALISATION OF IMMIGRATION LAW

Summary/Abstract: The study deals with a new phenomenon in criminal and immigration law referred to as crimmigration. It involves the use in immigration law of instruments borrowed from criminal law, such as detention, banishment, procedures used in criminal law and the powers of police authorities, in order to combat illegal immigration. The commission of a criminal offence becomes a premise for deportation of persons who are even legally present in the country. On the other hand, new types of offences criminalising illegal border crossing and illegal residence are introduced into the criminal law area. Criminalisation of illegal immigration intersects with the tendency to protect victims of the crime of human trafficking and human smuggling. It must also take into account international treaties providing international protection to refugees from areas of armed conflict, persecution and humanitarian crises, often resulting from climate change. Paradoxically, the tightening of criminal law instruments to combat human trafficking worsens the situation of victims of this crime. The article also analyses Polish regulations in this area, indicating that they correspond to the phenomenon of crimmigration and presenting the possibilities of interpreting the relevant provisions in a way that guarantees observance of the principles of humanitarianism towards immigrants.

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