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Migrants were selected from one self-managed Italian School, one festival where I volunteered, and from among friends.
I then used a corrected snowball sampling method. Migrants were undocumented at the moment of interview or had been undocumented before then. They had been liv- ing in Bologna for at least two years at the time of the research one interviewee had been in Bologna for a year and a half. The selected migrants comprised 18 males and two women, aged between 20 and 40 years, mainly from Senegal 6 and Morocco 6 , but also from Tunisia 1 , Pakistan 2 , India 1 , China 1 , Cuba 1 , Egypt 1 , and Syria 1.
Although the sample is not representative of migrants residing in Bologna, it still provides a deeper understanding of the mechanisms of control operating outside the courts. Additional sources and secondary data included 11 one-to-one in-depth interviews with city police officers conducted in Bologna for previous research on ID checks Fabini, and a variety of reports on immigration in Italy from different sources.
Bologna was chosen as a case study of internal border control for several reasons.
It is a medium-sized city of fewer than , inhabitants in northern Italy. About 57, foreigners live in Bologna, which is almost 15 percent of the total population—one of the higher rates in Italy. It may be estimated that roughly undocumented migrants live in Bologna, one out of eight migrants, close to the national average. The initial presence of the CIE was an important reason for picking Bologna. Moreover, in order to study internal border control rather than control at the external borders, it was important to pick one of the few CIEs in northern Italy.
In fact, the CIEs in the South are mainly used to manage sea arrivals —therefore, the latter are more closely connected to the functioning of external border controls. Data on resident population refer to non-EU foreigners resident in Bologna, not all foreigners.
Comparing these data gives a sense of which nationalities are over-repre- sented in the CIE; that is, which nationalities the police select more frequently in Bologna. In fact, they were overrepresented, ranking fourth among resi- dents but second among the CIE population.
The probability of being arrested also varies by sex. In , males represented In contrast, females comprised Validation is also more frequent for male migrants, with validation decisions out of total hearings In only 11 cases did justices of the peace not validate the detentions of a male migrant Table 2.
A slight change appears for female migrants: out of 22 hearings for female migrants, there were 16 validations The next section takes a closer look at the police performing borders for female migrants, based on the analysis of case files for —, in-depth interviews with judges, and observation at trials.
Briefly stated, using these methods I found that some women are controlled, picked up, detained and eventually deported; others are differen- tially included and are allowed to remain even in breach of legal conditions.
When we look at women, we clearly see the processes by which police perform borders and distin- guish among migrants. Apparently, the police do not select among undocumented female migrants randomly; rather, they select those migrants suspected of being sex workers.
Policing female migrants In —, females numbered The analysis of case files and interviews suggest that female migrants are usually selected during police operations against prostitution—with a few exceptions, for exam- ple, undocumented female migrants arrested on a train with no ticket, or in a car accident.
During interviews, two justices of the peace explained that some years ago, domestic 54 European Journal of Criminology 14 1 Table 2.
Source: original data of CIE population combined with data of resident population in Colombo and Mantovani The fact that undocu- mented female migrants employed as domestic workers are not targeted by the immigra- tion administrative-penal system is consistent with much research in the field see Ambrosini, Police seem to use immigration law as a tool to fight street prostitution more than illegal immigration as such. Of course, we cannot assume all undocumented female Fabini 55 migrants performing sex work are actually selected, as case files give information about the female migrants who are selected, not those who are not.
Nor is it possible to assume that all female migrants arrested are actually sex workers. Nevertheless, case files tell us that the police consider the suspicion of a woman being a sex worker as a valid reason to enforce borders.
By the same token, during interviews and informal conversations, jus- tices of the peace mentioned the circumstance of a woman being identified as a sex worker as a valid reason for her detention in the CIE. Yet despite this concern, the data show that non-validation decisions occur more fre- quently with regards to female migrants than male migrants.
Female migrants comprise The case files indicate that the justices of the peace and the police do not agree on how to deal with female migrants: police arrest them, but the justices of the peace frequently do not validate their detention in CIE.
Interestingly, police operating in Bologna seem to accommodate the orientation of judges more than police in other cities, and they select very few female migrants: just Justices of the peace have the power to indirectly influence the decisions police make at the street level.
However, they rarely choose to exercise such power: just The decision not to validate seems harder to make than the decision to validate. Not sur- prisingly, justices of the peace provide much longer and better-articulated reasons in non-validation judgements than others, suggesting that justices of the peace feel they must justify their decisions when they contradict the police see also Campesi and Donadio, A rhetoric of dangerousness drives police officers in Bologna to arrest migrants.
In other words, the police do not limit themselves to a finding that the migrant is undocumented. In reports, they always identify elements other than the lack of papers. The logic of looking for dangerousness also appears in validation hearings and trials of immigration crimes Article bis and disobeying a removal order Article 14 co.
This rhetoric of dangerousness transforms the condition of being undocumented from an imposed condition—a condition produced by restrictive immigration law—into a deliberate choice.
In this rhetoric, undocumented migrants who commit crimes want to be undocumented, to remain invisible from the law, with no risk of punishment. Undocumented migrants before the justice of the peace become accountable for being undocumented. They become dangerous and deserve removal. The category of dangerousness is, however, ambiguous and discretionary. Thanks to their low visibility, police officers generally have discretionary power during street-level activity to independently decide when an undocumented immigrant is to be considered dangerous.
Some rules regulate accessibility to the public space for migrants. Risk zones are sites where drug dealing is said to occur, and police more frequently patrol them see also Beckett and Herbert, There is an ambiguity to risk zones: migrants are aware they are running a risk by going there, but they also know that a zone is likely to become at risk when they start hanging out there.
Undocumented migrants in Bologna are generally very aware of this rule. Some even say they are not scared of the police because nobody will enforce the removal if they have not committed any crimes.
It also means paying for tickets on buses and trains, not being drunk on the streets, and remaining quiet. Many migrants talked to me about being stopped by police and then being released without charges even if undocumented, because they remained calm and did not show anger for being stopped.
Not complying with police authority is not an Fabini 57 unusual reason for an undocumented migrant to be given a removal order. Some migrants use irony as a related strategy of resistance when interacting with police, in order to overcome difficult situations.
An undocumented migrant must speak Italian to negotiate and to use irony; this ability also gives the police officer the sense that the migrant is integrated. Another important rule of the game—not disconnected from the above—has to do with undocumented migrants being employed or unemployed. They do not even control workplaces when looking for undoc- umented migrants, and notably this happens all over Italy Ambrosini, Whenever the police decide not to arrest undocumented immigrants who hold irregular jobs, they send the message that undocumented migrants are allowed to stay as long as they enter the informal labour market.
Conclusions The results of this research suggest that policies governing undocumented migrants in Bologna are much more complex than simple removal procedures. In Italy, the complex web of laws, discourses, negotiations, police regulations, judicial supervision, and migrant strategies of resistance results in a system of control in which undocumented migrants are simultaneously criminalized, informally allowed to stay, and tolerated even welcomed in the shadow economy.
The case of Bologna shows how undocumented migrants are disciplined, differen- tially included, compelled to work irregularly and to comply with authority.
It identifies which characteristics an undocumented migrant should display to be informally allowed to remain. The crimmigration model speaks of excluding people, and this is true of one part of the mechanisms of control in Bologna. Removals occur, and they are painful.
But these mechanisms do not just exclude; they also distinguish by creating mobile borders. The police have the power to perform these mobile borders, whenever and wherever necessary.
And while performing borders, police are making what might appear as a provisional admittance policy of subjects the law has not recognized yet as existing subjects.
This article has described the mechanisms through which undocumented migrants are produced as subjects provisionally included in Bologna. However, undocumented 58 European Journal of Criminology 14 1 migrants are not just in Bologna, they are in every city in Europe.
The experiences of undocumented migrants living in national territories complicate the mechanisms of belonging and the construction of membership in the European pro- ject, through laws and institutional practices. At stake is the ability of socio-legal research to elaborate new categories to recognize the existence of these subjects as a product of the law, not of its failure—as a product of a complex normative context, discourses, conflicting powers, and negotiation.
Acknowledgements I am extremely grateful to Vanessa Barker, Maartje van der Woude, and Joanne van der Leun for their precious comments on the first draft, to the anonymous reviewers for their thoughtful sugges- tions, and to Dario Melossi for his mentoring on the present research. Responsibility for the final product is entirely mine. Notes 1. The reason why the action occurs much more in the interior of Italy than at the national borders may be that Italy has many borders because of its immense exposure on three sides to the sea.
Immigration flows to Italy are diminishing due to the economic crisis Caritas-Migrantes, Justices of the peace are honorary judges with jurisdiction over minor offences both in crimi- nal and civil law.
They do basic administrative work and their wages depend on the number of trials they run. This is a field of study that looks at the changing nature of punishment in the globalization era, merging border studies with the interest in the criminalization of immigration Bowling, shown by scholars in the field of punishment and society Simon and Sparks, who deal with borders see De Giorgi, ; Melossi, ; Young, At the time of data collection, the maximum length of detention was 18 months; in November it was reduced to three months.
Fabini 59 9. For further details on the administrative procedures for removals see Colombo This part is included in a broader comparative research on the jurisprudence of the justices of the peace in immigration matters in five Italian cities, run by the University of Roma Tre. The others are for migrants stopped in other cities. Comparing migrants residing in Bologna and migrants selected by the police may be method- ologically difficult. In fact, data on migrants living in Bologna refer to documented migrants, while data on migrants stopped by police refer to undocumented migrants.
Given the circular- ity of illegal status of migrants present in Italy see above , I argue that we may find the same nationalities in equal proportions among undocumented and documented migrants, allowing the two sets of data to be compared.
To be precise, in and in These data also include female migrants picked in other cities besides Bologna. Theoretical Criminology 15 3 : — Oxford: Oxford University Press, pp.
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Stanford: Stanford University Press. Crocitti S Immigration, crime, and criminalization in Italy. New York: Cambridge University Press. De Genova N Annual Review of Anthropology — Latino Studies 2 2 : — Ethnic and Racial Studies 36 7 : — De Genova N et al. Cultural Studies 29 1 : 55— Aldershot: Ashgate. De Giorgi A Immigration control, post-Fordism, and less eligibility. A materialist critique of the criminalization of immigration across Europe.
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