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The deportation system of convicted foreigners in the global North: comparing European and American jurisdictions with the RIMES instrument

Thu, September 12, 5:30 to 6:45pm, Faculty of Law, University of Bucharest, Floor: Basement, Room 0.22

Abstract

The expulsion of convicted foreigners is provided in all the European and North Americans jurisdictions. In general, these provisions are justified on the ground of national security interests, although it is necessary to comprehend them in the theoretic framework of crimmigration phenomena. Using the RIMES instrument, specifically designed to compare different national Criminal Justice systems according to the degree of social exclusion they produce, in this communication we present the findings of the analysis of the deportation system of convicted foreigners conducted in 11 jurisdictions: 7 European (Spain, Italy, Germany, U.K., Poland, Finland and Rumania) and 4 American (California, New York, Texas and Florida). The results show certain similarities among jurisdictions, but also substantial differences regarding how deportation of convicted foreigners is defined, the legal formula provided to do it, the specific categories of convicted foreigners affected, and the kind of crimes for which deportation can be considered a penal response. Consequently, different levels of social exclusion for convicted foreigners are defined.

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