Abstract
In this chapter, we re-visit crimmigration by examining practices of identification at Australia’s international airports under the aegis of border security. Our purpose here is to open a critical dialogue with some key claims of crimmigration scholars. Introducing insights from cognate fields of critical security studies and international political sociology, and by paying attention to the government’s own theorisation of border security, we argue that border security is a proximate cause of more recent societal effects that can be observed as crimmigration. However, when we examine emergent practices of identification focused on crossing at Australia’s international airports, what we discover is better described as function creep. This opens a space to pose broader questions about crimmigration’s overall usefulness as a guiding theoretical concept for critical theoretical inquiries around immigration and criminal law, especially in an age whose dangers, we contend, may be better understood as surveillance capitalism and the erosion of the normative order associated with liberal democracy. Practices of identification at international airports undertaken for the purpose of border security, we speculate, may be indicative of a move from a liberal society of law and crime to one of surveillance and security aligned with global capitalism.
The authors wish to thank Harley Williamson for her excellent research assitance, and QUT Law for financing Harley’s contribution. We also thank Peter Billings for his editorial assistance, and the anonymous reviewers for their helpful comments on previous versions of this chapter.
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Notes
- 1.
- 2.
The purpose of this paper is not to contribute to longstanding debates between the Copenhagen and Paris School. However, Bigo’s description of securitization in this context is serviceable here. Bigo’s account holds that wider definitions produce novel fields dominated by ‘professionals of unease’, who integrate the “threats and various misgivings under the designation of problems concerning state, borders, cities, democracy, and citizenship as if they were the consequences of immigration”(79), transforming “structural difficulties and transformations into elements permitting specific groups to be blamed, even before they have done anything, simply by categorizing them, anticipating profiles of risk from previous trends, and projecting them by generalization upon the potential behaviour of each individual pertaining to the risk category” (Bigo 2002, p. 81).
- 3.
- 4.
- 5.
- 6.
- 7.
Michael Pezzullo is the Secretary of the Department of Home Affairs within the Australian Government. He has been responsible for issues relating to maritime security, law enforcement strategies, border intelligence, and national security in Australia over approximately the past decade. See https://www.homeaffairs.gov.au/about-us/who-we-are/our-senior-staff/michael-pezzullo
- 8.
- 9.
- 10.
See Balibar 2003, p. 92.
- 11.
See Nevins 2010.
- 12.
Jones 2017.
- 13.
- 14.
Australian Bureau of Statistics 2018.
- 15.
Streeck 2014, pp. 35–6.
- 16.
Stumpf 2006.
- 17.
Hernández 2014.
- 18.
Although see Doty and Wheatley 2013, p. 435.
- 19.
- 20.
- 21.
Stanley 2018.
- 22.
- 23.
- 24.
Harding 2012.
- 25.
- 26.
Stepick 1982.
- 27.
Ratner 1998.
- 28.
See Simon 1998.
- 29.
Kwon 2012.
- 30.
Zilberg 2011.
- 31.
Stanley 2018, p. 521, emphasis added.
- 32.
Ibid.
- 33.
See also Butler’s use of “petty sovereigns” in her interpretation of Agamben in Butler 2006, p. 56.
- 34.
Mr. Dutton, a white, male, right wing Conservative Christian, ex Queensland policeman and multi-millionaire property baron with significant interests in a childcare franchise, has been a vocal crusader in the post-Trump revivification of culture wars.
- 35.
Button 2018.
- 36.
Where the previous minister, Scott Morrison, declared his ministry to be about ‘keeping them out’, Mr. Dutton has sought to ensure his legacy is about ‘kicking them out’. The interesting development is that the non-citizen other has been transposed from asylum seekers trying to get ‘in’, to people who have already been ‘in’ for some time, but deserve to be kicked out. The commonality of both populations is that they serve as a way of staging a conversation about who, rightly, is deserving of the sovereign’s protection (Tilly 1985; Young 2003). We return to reflect upon this point in the conclusion.
- 37.
- 38.
- 39.
- 40.
Bigo 2001, pp. 91–116.
- 41.
Border security policy has strong bipartisan support in Australia: since the 2013 federal election, when the Coalition’s ‘stop the boats’ slogan contributed to its victory, Labor (the other major party) has scrupulously avoided being wedged on national security. On our interpretation, this has made border security a kind of critical national infrastructure, giving Pezzullo an enormous agency since 2013 to implement his ideas.
- 42.
Pezzullo 2017.
- 43.
Sassen 2006, p. 1.
- 44.
- 45.
See Nevins 2010.
- 46.
These points include: the shift away from family reunion and toward skilled migration (from the late 1970s), political economic and institutional neoliberalisation (from the early 1980s), economic globalisation as the new normal (clearly visible by the late 1990s), a deterrence-led approach to irregular migration (from 1996), the militarisation of Customs and border-enforcing role for the Navy (from 2000), and the amalgamation of Customs, Immigration, and a number of espionage, military, investigative, policing and enforcement roles and functions, first into the Australian Border Force (2015), and then into Home Affairs (2017).
- 47.
- 48.
With notable exceptions such as naval and commercial sailors, cruise passengers, and round-the-world yachtspeople.
- 49.
Stevens 2006.
- 50.
- 51.
Button 2018.
- 52.
To be clear, we are emphatically not suggesting that the Commonwealth is actually capable of what it promises, or that it does work as intended. The key point is that this utopian frame or ideal type (a paradigm, or Weberian gedankenbild) has guided action, orders transformation, and shows the ‘ideal state’ of the system according to Pezzullo’s designs. On the empirical failure here, see, Rizvi 2019.
- 53.
Salter 2006.
- 54.
- 55.
Salter 2007. And see Marmo Ch. 9.
- 56.
Sheller 2010.
- 57.
Adey 2007.
- 58.
Sparke 2006.
- 59.
All non-citizens must have a visa to enter; many visas are extremely expensive. This is a significant source of revenue offsetting the cost of enacting security measures.
- 60.
These are systems-theoretical assumptions, clearly laid out by John Urry. See Urry 2004, p.27.
- 61.
See Pezzullo 2017.
- 62.
Sheller 2010.
- 63.
Sparke 2006.
- 64.
Shachar 2009.
- 65.
- 66.
Sparke 2006.
- 67.
- 68.
Chambers 2017, pp. 187–191, 215–216.
- 69.
Stanley 2018.
- 70.
Sparke 2006.
- 71.
- 72.
- 73.
Wheeler 2005.
- 74.
Ibid. p. 73.
- 75.
- 76.
Fox 2001, p. 261.
- 77.
- 78.
Stumpf 2006, pp. 396–418.
- 79.
‘Creep’ implies a level of volitional action or intentionality, ‘drift’ need not: I leave it to others to decide which is more appropriate.
- 80.
Migration Legislation Amendment (Identification and Authentication) Act 2004 (Cth).
- 81.
- 82.
- 83.
Could one sensibly speak of cr-emigration in such cases?
- 84.
Malet 2015.
- 85.
See Kapferer and Morris 2003 for one perceptive analysis of this cluster of issues and its co-creative contexts in the mid 1990s.
- 86.
See, further, Chapter eight by Ananian-Welsh.
- 87.
- 88.
Neilson 2015.
- 89.
- 90.
Stumpf 2006.
- 91.
Home Affairs was established on December 20th, 2017. This followed the establishment of Border Force, on July 1st, 2015, which followed the transformation of the Department of Immigration and Citizenship into the Department of Immigration and Border Protection, in 2013.
- 92.
Although we have qualms as regards to the concept of consent in border control contexts more generally, particularly where entry or refusal is predicated on the provision of personal information or computerised devices or social media accounts.
- 93.
- 94.
The provisions include: “when a non-citizen applies for a visa (ss 40 and 46); at Australia’s borders when a person (either a citizen or a non-citizen) is arriving (s 166), travelling from port to port on an overseas vessel (s 170) or departing the country (s 175); where an officer reasonably suspects a person is a non-citizen and requires them to present certain evidence of being a lawful non-citizen (s 188); and where a non-citizen is detained as their visa is liable to cancellation under certain provisions in the Migration Act (s 192)” (Nielsen 2015).
- 95.
Butler 2006, p. 56.
- 96.
Triple M 2017.
- 97.
Lauder (2015).
- 98.
Galloway, Mann and Goldenfien (2018).
- 99.
Mann and Smith 2017.
- 100.
Garvie et al. 2016.
- 101.
Sparke 2006.
- 102.
Staff Writers 2015.
- 103.
Reilly 2015.
- 104.
Wilson 2006.
- 105.
Haggerty and Ericson 2003.
- 106.
Ibid.
- 107.
Amoore 2011.
- 108.
Hu 2017.
- 109.
Aas 2004.
- 110.
Noble 2018.
- 111.
- 112.
- 113.
- 114.
- 115.
Triple M 2017.
- 116.
Stanley 2018.
- 117.
- 118.
Young 2003.
- 119.
Brown 2015.
- 120.
- 121.
Garland 2001.
- 122.
Scheuerman 2000.
- 123.
Brown et al. 2018.
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Chambers, P., Mann, M. (2019). Crimmigration in Border Security? Sorting Crossing through Biometric Identification at Australia’s International Airports. In: Billings, P. (eds) Crimmigration in Australia. Springer, Singapore. https://doi.org/10.1007/978-981-13-9093-7_16
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