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CRIM 3656 (57)
Anna Pratt (27)
Lecture 8

CRIM 3656 Lecture 8: March 14

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CRIM 3656
Anna Pratt

The Deportation of Tran Nghi Nguyen: -deported in 2010 for reasons of serious criminality -the CBSA Most Wanted List -situate that technology within the broader context of immigration penality and crime security nexus -the CBSA Most Wanted List is part of a broader public campaign by the CBSA to track down people who are the subject of a warrant of removal from Canada, including a mug shot of each individual and tombstone data (name, aliases, place of birth, identifying features, etc.) and a brief indication of why they are being sought for deportation 1) First list was published in 2011: it included suspected war criminals 2) Second list was published a month later: 32 people wanted for deportation due to serious criminality 3) Third list published in January 2012: the 2 lists were consolidated and expanded to include those wanted for deportation for organized criminality -the CBSA List blurs and brings together 2 technologies from different domains -the publication of photographs, names, and identifying information by the police in order to encourage community members and individuals to assist them in tracking people down has been a widely used method in criminal law -the US has used this traditional criminal law enforcement technology for immigration- enforcement purposes -Canada has not used it due to concerns about due process and privacy Immigration Penality: -the List provides an example of the close intersections between the domain of criminal justice and immigration -immigration penality controls borders and polices those who do not have secure immigration status in Canada -there is no clear binary between citizens and noncitizens: there is a host of different diversity in between statuses that fall in between citizens and noncitizens (whether it is those with temporary visas, temporary workers, student visas, etc.) -they have diverse precarious legal statuses that make them more or less vulnerable to immigration penality -immigration penality operates as an assembly: it operates at a variety of different sites and engages a variety of different authorities (state and non-state actors) -immigration penality isn’t only operating around the edges of national territory at the border line, but operates at a variety of different sites, both beyond the national border and within the national border lines -there a variety of state authorities engaged in the operations of immigration penality (bank tellers, school teachers, private companies who are engaged in working at detention centres, airline personnel that are vested with a responsibility of checking papers and passports, etc.) Crime-Security Nexus: -the consolidated CBSA List includes those who are wanted for largely unspecified criminality and security threats -this combination captures the influence of the crime-security nexus -in Canada, criminality has been a key and common ground of exclusion -used to capture and exclude a wide range of those who have been deemed unwanted or undesirable in Canada -criminality provisions were used to exclude different groups -Canada has had explicitly racist policies related to the exclusion of particular groups -human rights concerns and discourses became more influential -legal discourses have become more influential (e.g. due process) -the more explicitly racist and moralized ideological grounds for exclusion became less acceptable -at the same time as those discriminatory grounds of exclusion became less acceptable, what we sw was the proliferation or increase in the number of grounds for immigrant exclusion based on grounds of criminality and security -crime-security nexus: simultaneous processes that took hold in the early 1990s in Canada 1) Reconceptualization of street level crimes as threats to national security through specter of organized crime 2) Reconfiguration of national security from threats to political state (subversion, treason, sedition, espionage) to include criminal threats to economy and public safety posed by transnational, organized crime: -national security began to be understood as including a host of true crimes, which were linked through the spectre of organized crime to national security -in the early to mid 1990s, concerns began to be expressed and written into policies with the threats posed to national security by organized crime -previously, these kinds of crimes were not connected to national security -CSIS joined the business of crime control, which was historically unprecedented 2012 Faster Removal of Foreign Criminals Act: -in June 2012, a year after the CBSA List was introduced, another installment of the crime- security nexus -foreign criminals would no longer be allowed to endlessly abuse Canada’s generosity -concerns to public safety was front and centre, along with the rhetoric and concern for the abuse of the system Tran Trong Nghi Nguyen: The Making of Jackie Tran: -specific and individual circumstances of his case that are clearly lost by this general fearful characterizations of the dangerous foreign criminal -as an example of the kinds of threats that appeared on the CBSA List, Nguyen was referred to as a violent foreign criminal -he was transformed from a long-term permanent resident of Canada into a violent foreign criminal with a long criminal record -his case brings to light the many complexities that individual human cases include, but those kinds of aspects of his life that do not lend themselves to more simplistic and general soundbites -because he was a permanent resident and his sentence was less than 2 years, he retained the right to appeal his deportation -however, under the new legislation, that right to appeal the Court’s decision is reduced Section 36 (1)(a): Serious Criminality Immigration and Refugee Protection Act (IRPA): -category of inadmissibility: -applies in cases where the conviction for an offence is punishable by a maximum term of imprisonment of at least 10 years Appeals for Discretionary Relief: -eventually, he was released from detention under a variety of conditions that were imposed -however, in January of 2010, the federal court denied his appeal and upheld his deportation -he reported to border services on March 2, 2010, and was deported to Vietnam -the reason for his deportation was serious criminality: he was inadmissible to Canada under the immigration legislation -but, a close reading of this decision, the Immigration Appeal Division that upheld his removal, reveals that his 2 rather dated convictions, and fairly minor ones, were not in fact sufficient to justify his deportation -the Immigration Appeal Division is actually supposed to weigh the seriousness of the convictions and a few related factors with the humanitarian and compassionate concerns that exist for allowing someone to stay -we realize that it wasn’t hose convictions that justified his deportation and that there was something else going on -the Immigration Tribunal was much more concerned with the unproven allegations that he was a member of a local street gang in Calgary than it was with either the convictions or the humanitarian and compassionate grounds -what is interesting is the way in which the Immigration Tribunal (administrative tribunal) invited and then accepted
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