Deter, detain, deport and demonise: should others follow the Australian crimmigration model?

Abstract

Crimmigration, the intertwining of immigration and criminal law, has become a feature of many legal systems around the world, but its application in Australia is noteworthy due to its ever-increasing harsh, hard-line approach. We argue that the Australian crimmigration model is comprised of three key facets: deterrence (to ‘stop the boats’); indefinite and/or offshore detention; and deportation. All are predicated upon the underlying driver of a fourth, often understated but ever-present D, demonisation. With countries like the United Kingdom and Denmark looking to the Australian model to ‘solve’ increasing their own irregular migration issues, and the second Trump administration ramping up deportation orders, this piece casts light upon the development and escalation of the Australian crimmigration model over the past decade, highlighting its impacts and ultimately questioning if this punitive model really should be followed.