Crimmigration and the Great Recession: Analysis of the Spanish Case

José Ángel Brandariz GarcíaUniversity of A Coruña, Spain

branda@udc.eswww.ecrim.es

◦ 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)

Introduction. Theoretical framework

◦ 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

Neo-liberalism and Sovereignty in Spanish Crimmigration policies

◦ 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)

Innovations in the field of Spanish Crimmigration policies since the beginning of the Great Recession

Foreign Population in Spain (2000-2012)

Source: National Statistics Institute (INE), Spain

Year(1st January)

Foreign Pop. (Total/million)

Foreign Pop. (%/Total Pop.)

Year-on-Year Evolution (Total amount)

2000 0.923 2.2% + 23.3%

2001 1.370 3.3% + 48.4%

2002 1.977 4.7% + 44.3%

2003 2.664 6.2% + 34.7%

2004 3.034 7.0% + 13.8%

2005 3.730 8.4% + 22.9%

2006 4.144 9.2% + 11.0%

2007 4.519 9.9% + 9.0%

2008 5.268 11.4% + 16.5%

2009 5.648 12.0% + 7.2%

2010 5.747 12.2% + 1.7%

2011 5.751 12.2% + 0.1%

2012 5.711 12.1% - 0.7%

◦ Sovereign, exclusive measures/Measures bound to economic aims/management of efficiency

◦ 1st 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

Innovations in the field of Spanish Crimmigration policies since the beginning of the Great Recession

◦ 2nd 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

Innovations in the field of Spanish Crimmigration policies since the beginning of the Great Recession

Number of executed expulsions (2002-2011)

Source: Home Office, Spain

Year Expulsions (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%

Evolution of administrative removals (2008-2011)

Source: Home Office, Spain

Year Administrative removals

Year-on-year Evolution

2008 5052 --

2009 5687 +12.6%

2010 3258 -42.7%

2011 2244 -31.1%

Evolution of criminal deportations (2008-2011)

Source: Home Office, Spain

Year Criminal deportations

Year-on-year Evolution

Percentage of total expulsions

2008 5564 -- 52.4%

2009 7591 +36.4% 57.2%

2010 8196 +8.0% 71.6%

2011 9114 +11.2% 80.2%

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

Conclusion

◦ 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

Conclusion