Rethinking Illegal Immigrants from a Critical Perspective -Whether or not to Blame Illegal Immigration and the Government Capability to Manage Illegal Immigration-

This study explores the criminality of illegal immigration from the lens of critical theory. As of November 2020, the number of illegal immigrants more than doubled from 168,515 in 2010. The conflicting dichotomous views on the matter are linked to the contentious ‘immigration debate.’ In the process, ‘Frame Effect’ results in structured communication, which allows illegal immigration to be regarded or restricted in a particular way. The social structure of illegal immigration is not fixed but constantly changing, so illegal immigration policies are evolving. This study investigates how the concept of ‘unpunished crime’ can be applied to the criminality debate on illegal immigration. Illegal immigration is punishable as a type of crime; however, the possibility that illegal immigrants can avoid criminal punishment remains. This study then scrutinizes how the issue relates to forms of ‘unpunished crime,’ how it triggers ‘social dangers,’ and what constitutes ‘unpunished deviant behavior.’ In addition, the existing argument that government policy on illegal immigration constitutes an ‘easy policy’ is reassessed through two criteria: salience and procedural complexity. Overall, this study critically examines the government capability to stop illegal immigration based on migration attributes such as migration industry, migration agents/sub-agents, and immigrants’ life.