Crimmigration and the Great Recession: Analysis of the Spanish Case

1. Crimmigration and the Great Recession: Analysis of the Spanish Case José Ángel Brandariz García University of A Coruña, Spain branda@udc.es www.ecrim.es

2. Introduction. Theoretical framework • 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 (CancioMeliá, 2005; IglesiasSkulj, 2011; Navarro Cardoso, 2006) • Governmental reading (Calavita, 2005; BrandarizGarcía, 2011)

3. Neo-liberalism and Sovereignty in Spanish Crimmigration policies • 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

4. Innovations in the field of Spanish Crimmigration policies since the beginning of the Great Recession • 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)

5. Foreign Population in Spain (2000-2012) Source: National Statistics Institute (INE), Spain

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

7. 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

8. Number of executed expulsions (2002-2011) Source: Home Office, Spain

9. Evolution of administrative removals (2008-2011) Source: Home Office, Spain

10. Evolution of criminal deportations (2008-2011) Source: Home Office, Spain

11. Conclusion • 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

12. 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