La expulsión judicial en el sistema penal chileno¿Hacia un modelo de Crimmigration ?

Abstract

This paper examines, from both a legal perspective and an empirical viewpoint, the Chilean deportation system, and more precisely the gradual consolidation of criminal law deportations, which were enacted by the Law No. 20,603. For these purposes, the analysis draws upon a theoretical framework that gained significant academic traction in the last years, i.e. the so-called ‘crimmigration’ thesis. From this standpoint, this paper is largely focused on exploring whether, in line with what has occurred in a number of jurisdictions, also in the Chilean criminal justice system crime-based and criminal law deportations have been given increasing preference in the recent past. In addition, the article concludes by delving into both the meaning and grounds of criminal law deportations and the variety of law enforcement rationales which are at play in this field of penal policies.