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THE SOCIAL CONSTRUCTION OF ILLEGALITY AND CRIMINALITY ...

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2<br />

GODFRIED ENGBERSEN <strong>AND</strong> JOANNE VAN DER LEUN<br />

changed radically. A pluralisation and fragmentation of migration is taking<br />

place. This ‘new migration’ is characterised by new geographical patterns<br />

of migration, new types of migrants with deviating legal statuses, who<br />

are dependent to some extent on other existence strategies than formal paid<br />

employment or social security (Koser and Lutz 1998; Snel et al. 2000).<br />

The new geography of migration relates primarily to the increased longdistance<br />

migration to Europe from a growing number of countries. In addition,<br />

we see that, within Europe, the traditional migration direction from<br />

South to North is complemented by migration flows from East to West. To<br />

some extent these altered migration flows become apparent in migration<br />

statistics. Between 1990 and 1997, in the Netherlands, the proportion of<br />

immigrants from other countries, both from non-industrialised Third World<br />

countries and various Central and Eastern European countries, rose from<br />

7–30% (SCP 1998, p. 241).<br />

The new migration also becomes visible in the increasing significance<br />

of new types of immigrants in addition to the traditional labour migrants<br />

and migrants from former colonies and their offspring. Firstly, there are<br />

the asylum seekers, whose number has increased dramatically since the<br />

mid-1980s (Muus 1999). Due to the length of the asylum procedures, many<br />

of them are kept in a state of suspension for considerable time as to whether<br />

or not they will acquire a permanent or temporary residence status. Secondly,<br />

there is an increasing flow of temporary immigrants from Central<br />

and Eastern Europe who travel back and forth to the countries of the European<br />

Union, Germany in particular. Thirdly, there is the relatively new<br />

type of immigrants known as undocumented or illegal immigrants. Many<br />

illegal immigrants came to Europe on a tourist visa and then stayed, others<br />

crossed the border illegally, and again others became illegal when they<br />

were refused refugee status. The dividing lines between asylum seekers,<br />

‘commuting’ immigrants and illegal immigrants often prove to be diffuse<br />

(Gächter et al. 2000). Relatively little is known about the size of the category<br />

of illegal immigrants (Delaunay and Tapinos 1998). Western European<br />

estimates run in the millions (Castles and Miller 1994, Widgren<br />

1999), 1 whereas Dutch estimates vary from approximately 50,000 illegal<br />

immigrants to 200,000 illegal immigrants. Our own estimates, in<br />

which illegal immigrants from Central and Eastern Europe were left out,<br />

1 The ICMPD (International Centre for Migration Policy Development) in Vienna<br />

maintains that the number of illegal immigrants who trespass the borders of Western<br />

European States for the sake of illegal employment or residence, could be estimated to<br />

be at least 400,000 in 1998 (Widgren 1999).

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