IMMIGRATION, CRIME AND JUSTICE SOCIOLOGY OF CRIME, LAW AND DEVIANCE Series Editors: Mathieu Deflem (Volumes 6–13) Jeffrey T. Ulmer (Volumes 1–5) Recent Volumes: Volume 6: Ethnographies of Law and Social Control – Edited by Stacey Lee Burns, 2005 Volume 7: Sociological Theory and Criminological Research, Views from Europe and United States – Edited by Mathieu Deflem, 2006 Volume 8: Police Occupational Culture: New Debates and Directions – Edited by Megan O’Neill, Monique Marks and Anne-Marie Singh, 2007 Volume 9: Crime and Human Rights – Edited by Stephan Paramentier and Elmar Weitekamp, 2007 Volume 10: Surveillance and Governance: Crime Control and Beyond – Edited by Mathieu Deflem, 2008 Volume 11: Restorative Justice: From Theory to Practice – Edited by Holly Ventura Miller, 2008 Volume 12: Access to Justice – Edited by Rebecca L. Sandefur, 2009 SOCIOLOGY OF CRIME, LAW AND DEVIANCE VOLUME 13 IMMIGRATION, CRIME AND JUSTICE EDITED BY WILLIAM F. MCDONALD Georgetown University, Washington, DC United Kingdom – North America – Japan India – Malaysia – China JAI Press is an imprint of Emerald Group Publishing Limited Howard House, Wagon Lane, Bingley BD16 1WA, UK First edition 2009 Copyright r 2009 Emerald Group Publishing Limited Reprints and permission service Contact: [email protected] No part of this book may be reproduced, stored in a retrieval system, transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without either the prior written permission of the publisher or a licence permitting restricted copying issued in the UK by The Copyright Licensing Agency and in the USA by The Copyright Clearance Center. No responsibility is accepted for the accuracy of information contained in the text, illustrations or advertisements. The opinions expressed in these chapters are not necessarily those of the Editor or the publisher. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library ISBN: 978-1-84855-438-2 ISSN: 1521-6136 (Series) Awarded in recognition of Emerald’s production department’s adherence to quality systems and processes when preparing scholarly journals for print For Zoe Sophia and Elise Gabrielle This page intentionally left blank CONTENTS LIST OF CONTRIBUTORS xi NEW TAKES ON AN OLD PROBLEMATIC: xv AN INTRODUCTION TO THE IMMIGRATION, CRIME, AND JUSTICE NEXUS PART I: THE CRIMINALITY OF IMMIGRANTS IMMIGRATION REDUCES CRIME: AN EMERGING SCHOLARLY CONSENSUS Matthew T. Lee and Ramiro Martinez Jr. 3 IMMIGRATION AND HOMICIDE IN URBAN AMERICA: WHAT’S THE CONNECTION? Charis E. Kubrin and Graham C. Ousey 17 PARADISE LOST? NEW TRENDS IN CRIME AND MIGRATION IN SWITZERLAND Martin Killias 33 THE ‘‘NORMALITY’’ OF ‘‘SECOND GENERATIONS’’ IN ITALY AND THE IMPORTANCE OF LEGAL STATUS: A SELF-REPORT DELINQUENCY STUDY Dario Melossi, Alessandro De Giorgi and Ester Massa 47 PART II: IMMIGRANTS AS VICTIMS OF CRIME IMMIGRANTS AS AUTHORS AND VICTIMS OF CRIMES: THE ITALIAN EXPERIENCE Marzio Barbagli and Asher Colombo 69 vii viii CONTENTS IMMIGRANTS AS VICTIMS OF CRIME: THE AUSTRALIAN EXPERIENCE Toni Makkai and Natalie Taylor 95 THE SMUGGLING – TRAFFICKING NEXUS AND THE MYTHS SURROUNDING HUMAN TRAFFICKING Alexis A. Aronowitz 107 COMPOUNDING VULNERABILITIES: THE IMPACT OF IMMIGRATION STATUS AND CIRCUMSTANCES ON BATTERED IMMIGRANT WOMEN Edna Erez and Julie Globokar 129 IMMIGRANTS AS CRIME VICTIMS IN THE EUROPEAN UNION: WITH SPECIAL ATTENTION TO HATE CRIME Jo Goodey1 147 ADDING INSULT TO INJURY: THE UNINTENDED CONSEQUENCES FOR IMMIGRANTS OF HATE CRIME LEGISLATION William F. McDonald 163 PART III: IMMIGRANTS AND THE POLICE POLICING IMMIGRANT COMMUNITIES IN THE UNITED STATES Wesley G. Skogan 189 POLICE COOPERATION IN INTERNAL ENFORCEMENT OF IMMIGRATION CONTROL: LEARNING FROM INTERNATIONAL COMPARISON Dita Vogel, William F. McDonald, Bill Jordan, 205 Franck Du¨vell, Vesela Kovacheva and Bastian Vollmer Contents ix STATE AND LOCAL LAW ENFORCEMENT RESPONSES TO HUMAN TRAFFICKING: EXPLAINING WHY SO FEW TRAFFICKING CASES ARE IDENTIFIED IN THE UNITED STATES Amy Farrell 243 ON THE FRONTIER OF LOCAL LAW ENFORCEMENT: LOCAL POLICE AND FEDERAL IMMIGRATION LAW Scott H. Decker, Paul G. Lewis, Doris M. Provine and 261 Monica W. Varsanyi PART IV: BORDERS – THEIR SOCIAL CONSTRUCTION AND ENFORCEMENT DEPORTATION AND REINTEGRATION IN THE CARIBBEAN AND LATIN AMERICA: ADDRESSING THE DEVELOPMENT–SECURITY PARADOX Clifford E. Griffin 279 SECURING BORDERS: PATRIOTISM, VIGILANTISM AND THE BRUTALIZATION OF THE US AMERICAN PUBLIC Sang H. Kil, Cecilia Menjı´var and Roxanne L. Doty 297 THE CRIMINALIZATION AND VICTIMIZATION OF IMMIGRANTS: A CRITICAL PERSPECTIVE Salvatore Palidda 313 INDEX 327 This page intentionally left blank LIST OF CONTRIBUTORS Alexis A. Aronowitz University College Utrecht, University of Utrecht, Utrecht, The Netherlands Marzio Barbagli Faculty of Statistical Sciences, University of Bologna, Bologna, Italy Asher Colombo Faculty of Education Sciences, University of Bologna, Bologna, Italy Scott H. Decker School of Criminology & Criminal Justice, Arizona State University, Glendale, AZ Alessandro De Giorgi Department of Justice Studies, San Jose State University, California, San Jose, CA Roxanne L. Doty Department of Political Science, Arizona State University, Tempe, AZ Franck Du¨vell University of Oxford, Center on Migration, Policy and Society (COMPAS), Oxford, UK Edna Erez Department of Criminology, Law, and Justice, University of Illinois at Chicago, Chicago, IL Amy Farrell College of Criminal Justice, Northeastern University, Boston, MA Julie Globokar Department of Sociology, Northern Illinois University, DeKalb, IL Jo Goodey European Union Agency for Fundamental Rights (FRA), Vienna, Austria xi xii LIST OF CONTRIBUTORS Clifford E. Griffin Department of Political Science, School of Public and International Affairs, North Carolina State University, Raleigh, NC Bill Jordan School of Psychosocial Studies, University of Plymouth, Plymouth, Devon, UK Sang H. Kil Justice Studies, San Jose´ State University, San Jose´ ,CA Martin Killias University of Zurich, Zurich, Switzerland Vesela Kovacheva Hamburg Institute of International Economics, Hamburg, Germany Charis E. Kubrin Department of Sociology, George Washington University, Washington, DC Matthew T. Lee Department of Sociology, University of Akron, Akron, OH Paul G. Lewis Political Science, Arizona State Universiy, Tempe, AZ Toni Makkai Australian National University, Canberra, ACT, Australia Ramiro Martinez Jr. Department of Criminal Justice, Florida International University, Miami, FL Ester Massa Faculty of Law, University of Bologna, Bologna, Italy William F. McDonald Department of Sociology & Institute of Criminal Law and Procedure, Georgetown University, Washington, DC Dario Melossi Department of Legal Sciences, Faculty of Law, University of Bologna, Italy Cecilia Menjı´var School of Social and Family Dynamics, Program in Sociology, Arizona State University, Tempe, AZ Graham C. Ousey Sociology Department, College of William and Mary, Williamsburg, VA List of Contributors xiii Salvatore Palidda Faculty of Education, University of Genoa, Genoa, Italy Doris M. Provine School of Justice & Social Inquiry, Arizona State University, Tempe, AZ Wesley G. Skogan Northwestern University, Evanston, IL Natalie Taylor Australian Institute of Criminology, Kingston, ACT, Australia Monica W. Varsanyi John Jay College, City University of New York, New York, NY Dita Vogel Hamburg Institute of International Economics, Hamburg, Germany Bastian Vollmer Center on Migration, Policy and Society (COMPAS), Oxford University, Oxford, UK This page intentionally left blank NEW TAKES ON AN OLD PROBLEMATIC: AN INTRODUCTION TO THE IMMIGRATION, CRIME, AND JUSTICE NEXUS There is a tendency all over the world to make the foreigner bear blame for others. Their different appearance, their poverty, the life in slums, all render them suspect. Hans von Hentig, Victimologist (1948, p. 414) There is another very important thing about this crime business. I don’t want to say anything indiscreet, but unquestionably the hordes of immigrants that are coming here have a good deal to do with crimes against women and children. General Bingham, Police Commissioner, New York City (1911) (U.S. Immigration Commission, 1911a, p. 104) Mass migration has brought with it a whole new range and a whole new type of crime, from the Nigerian fraudster, to the eastern European who deals in drugs and prostitution to the Jamaican concentration on drug dealing. Add to that the home grown criminals and we have a whole different family of people who are competing to be in the organised crime world. Chris Fox, President of the [United Kingdom] Association of Chief Police Officers (2003) (Ahmed, 2003) A number of foreigners who illegally entered [Japan] have repeatedly committed despicable crimes, greatly endangering public safety in Tokyo. Tokyo Governor, Shintaro Ishihara (2001) (Reuters, 2001) In a recent poll of the ‘‘Eurobarometer’’ the Greeks are labeled by the European inventors of racism as ‘‘the most xenophobic people’’ in Europe, because they argue by more than 80% that ‘‘the foreigners commit more offences than the average Greek.’’ Unfortunately for the Eurobarometer, this judgement of the Greeks is accurate. Makis Voridis, President of the Hellenic Front (2002) Generalizations about the high level of criminality of foreigners are often a cover for the expression of xenophobia feelings, along the same lines as the more frequent statements about the