https://doi.org/10.1177/1477370816640138
European Journal of Criminology
2017, Vol. 14(1) 46–62
© The Author(s) 2017
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DOI: 10.1177/1477370816640138
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Managing illegality at the
internal border: Governing
through ‘differential inclusion’
in Italy
Giulia Fabini
Department of Legal Studies, Law School, University of Bologna, Italy
Abstract
This article interrogates whether a crimmigration frame could be used to assess immigration
control in Italy. It argues that even if crimmigration laws are similar across European countries,
the outcomes of European border control depend on the local context. It looks at the interaction
between police, judges, and migrants at the internal borders in Bologna, Italy. The article is based
on quantitative data (analysis of case files on pre-removal detention in Bologna’s detention centre)
and qualitative data (one-to-one in-depth interviews with migrants and justices of the peace,
and participant observation). The case study focuses on ‘differential inclusion’ of undocumented
migrants informally allowed to remain in the Italian territory. Police manage illegality rather
than enforcing removals, using selective non-enforcement of immigration laws as effectively as
enforcement itself. The article’s main hypothesis is that, at the local level, the production of
borders works as a provisional admission policy to include undocumented migrants, though in a
subordinated position.
Keywords
Undocumented migrant, internal borders, police, differential inclusion, Italy
This paper examines how border control operates in the policing of undocumented
migrants in Italy. Much criminological research assumes that border control follows the
logic of exclusion and focuses on the mechanisms through which undocumented migrants
are removed (see, among others, Cheliotis, 2013; Ugelvik and Ugelvik, 2013). In the
Italian case, border control results in the far more frequent circumstance whereby undoc-
umented migrants are informally allowed to remain, despite the lack of official
Corresponding author:
Giulia Fabini, University of Bologna, Via Zamboni 33, Bologna, 40126, Italy.
Email: giulia.fabini@unibo.it
640138EUC 0 0 10.1177/1477370816640138European Journal of CriminologyFabini
research-article 2017
Article