Criminalization of Migration and Intersectional Victimization: A Phenomenological Analysis of Penal Policy and the Lived Experiences of Afghan Migrants in Iran and the West

Abstract

Migration has increasingly become a major field in which penal policy, security, border control, and victim protection intersect. Afghan migrants are particularly exposed to complex forms of vulnerability because of prolonged displacement, precarious residence status, informal employment, and various forms of social exclusion and discrimination. This study aims to analyze the relationship between the criminalization of migration and intersectional victimization among Afghan migrants, with particular emphasis on their lived experiences in Iran and Western societies. The study adopts a qualitative, analytical, and phenomenological approach and examines how migration and penal policies shape migrants’ perceptions of security, justice, policing, residence, employment, and social belonging. The analysis indicates that criminalization can place migrants in a dual position: they may simultaneously become subjects of intensified legal control and victims in need of protection. Precarious legal status, fear of detention or deportation, limited access to formal employment, and distrust of law-enforcement institutions can significantly reduce migrants’ willingness to report victimization and restrict their effective access to justice. The findings further demonstrate that migrant victimization is inherently intersectional. Gender, ethnicity, social class, age, employment conditions, and migration status interact to shape both the intensity and form of vulnerability. The comparison between Iran and Western societies also reveals that, despite important structural differences, the securitization of migration, the increasing overlap between immigration enforcement and policing, and declining institutional trust among migrants constitute recurring patterns. The study concludes that an effective penal policy should preserve legitimate state authority over borders and residence while clearly distinguishing between migrants as offenders and migrants as victims. It should also guarantee safe access to judicial and social protection without creating additional fear of immigration-related consequences.