Il «gelo metallico dello Stato»: per una critica della crimmigration come nuda forza

After outlining certain features of the phenomenon of «crimmigration»(the intertwining of criminal law and migration law), this paper notes twomain issues. First, the fact that the condition of social exclusion in whichcrimmigration places the unwanted migrant — a condition that, being pro-dromic to the foreigner’s expulsion, should in principle be temporary —becomes stable in the many cases in which expulsion does not occur; as aresult, large portions of the population that de facto fall within the State’sjurisdiction suffer long-term discrimination — in conflict with various consti-tutional principles, not least those enshrined in Articles 2 and 3 of theConstitution. Second, crimmigration is radically devoid of authority in relationto the foreigner, as it merely aims to exclude him or her, while authority is, byits very nature, inclusive: this, on the one hand, makes crimmigration illegiti-mate with regard to its main addressees (the excluded foreigners) and, on theother hand, also makes the use of criminal law within this practice illegitimate,because criminal law, as required by the Italian Constitution (Article 27(3)),should seek to re-socialize the person convicted for a crime.