In the last decade, legal scholars have noted with alarm the increasing alignment between immigration enforcement and the goals and methods of the criminal justice system, terming this alignment "crimmigration." Although discussions of race and nativism have played a large part in this analysis, the same cannot be said for the connection between crimmigration and gender. This Commentary begins by introducing the reader to the rise of crimmigration, the intersection of gender with the criminal justice system, and the intersection of gender with immigration. Then, using examples of immigrant women's lived experiences, the author explores scholars' failure to consider a gendered analysis, demonstrating that a gender-blind approach ignores how most immigrant families interact with the state. The Commentary concludes by offering suggestions to decouple immigration and the criminal justice system in light of this gendered analysis, with the intent of encouraging scholars and policymakers to reconsider crimmigration's overly individualistic approach to a system that harms women and families disproportionately.
Allison S. Hartry,
Commentary: Gendering Crimmigration: The Intersection of Gender, Immigration, and the Criminal Justice System,
27 Berkeley J. Gender L. & Just.