The right to stay and the (dis)trust of mobile law

In the contemporary world, mobile law is created primarily to close borders, to stop or limit the inflow of migrants, and to expel unwanted immigrants lucky enough to reach the Global North. The process of securitization of migration law observed since the 1990s now incorporates instruments of criminal law into migration law. As an effect, people on the move are punished just for being migrants. The legal provisions have become so strict and borders so tightly closed that for a lot of people it’s proving almost impossible not to break the law or commit a criminal act on their way. But being labeled a ‘criminal’ brings serious consequences – form prohibition to obtaining legal stay to forced expulsion from the country of residence.

Such practices result in victimization of migrants such as depriving them of rights that citizens have in similar legal procedures. But is this lawful and just? I would like to focus on answering this question during my presentation.