La migration clandestine mexicaine comme un crime : commentaires sur quelques effets de la loi SB. 1070 de l’État de l’Arizona

Amnis

关键词: Illegal Migration;    Mexico;    USA;   

DOI  :  10.4000/amnis.1526

来源: DOAJ

【 摘 要 】

This article aims to examine the real effects and possible entry into force in 2010 of the so-called law SB 1070 Arizona law, which presents itself as a legal device to combat against illegal migration in this part of the American Union. However this Act is to first practical consequence criminalize a type of migratory situation and then condemn the Mexican population which, according to social representations xenophobic, embodies “better” (i.e. tort of faces), the figure of the underground railroad to the United States. Be Mexican, in this country, eventually be the beginning of a misdemeanor or at least casts doubt on the migratory status of all nationals of the national community. Article strives to show arbitrary (the State of Arizona as all the other States of the Union is not competent for migration) and the artificial construction of the offence attributed to the undocumented. Indeed, make clandestine migration a crime the objective problem to determine who is the real victim of such an Act and, according to the expression by John Stuart Mill, this form of migration appears on moral as philosophy "crime without victims", since the only victim of this offence under the Act it is the entire American society its laws, its standards, its values and its institutions, or an entity abstract in view of which is played every day matter clandestine migration and police control.

【 授权许可】

Unknown