The privatization of migration control and its critics

Main Article Content

Ana López Sala
Dirk Godenau

The increasing participation of non-public actors in the implementation of migration control policies, known as privatization, is one of the innovations of increasing importance in the management of migration flows, with implications for sovereignty, jurisdiction, legitimacy or public accountability. Privatization and outsourcing of services traditionally provided by States has taken various forms and degrees of intensity. In a growing number of countries, States have delegated certain functions to companies that provide services, technology, equipment, knowledge or infrastructure. In other cases, this sub-delegation has involved social organizations and private non-profit foundations. We also observe the forced incorporation of private actors in the implementation of control, as in the case of passenger transport companies. Criticism of privatization focuses on the growing influence of security and technology companies in how States make decisions concerning control policies. There are also concerns about the effects of privatization on the whole of migration policy, due to the pursuit of private profits through the expansion and diversification of control measures, and the effects of cost reductions in the quality of services and goods provided. Criticism includes that these delegation practices can blur the legal responsibility of States and remove their actions from public scrutiny and institutional oversight.

Keywords
Migration control, privatization, outsourcing, migration policies, fundamental rights.

Article Details

How to Cite
López Sala, Ana; and Godenau, Dirk. “The privatization of migration control and its critics”. Crítica penal y poder: una publicación del Observatorio del Sistema Penal y los Derechos Humanos, no. 18, pp. 251-9, https://raco.cat/index.php/CPyP/article/view/363714.
Author Biographies

Ana López Sala, Consejo Superior de Investigaciones Científicas (CSIC)

Científica Titular del Instituto de Economía, Geografía y Demografía. Consejo Superior de Investigaciones Científicas (CSIC)

Dirk Godenau, Universidad de La Laguna

Profesor Titular del Departamento de Economía Aplicada y Métodos Cuantitativos. Universidad de La Laguna (ULL)