Criminalizing solidarity, regulating the enemy: Analyzing the criminalization of migrant solidarity through ‘enemy under-criminalization’ in Greece

This article investigates why state authorities criminalize acts of solidarity with migrants and refugees, focusing on Greece and application of the theory of ‘enemy under-criminalization’. This concept extends Stumpf's crimmigration's emphasis on the fusion of criminal and immigration law, illustrating how legal and social hierarchies produce a distinct legal space that diverges from normative legal principles. Applying this concept to Greece's exclusionary legal framework and recent cases, it demonstrates how the state criminalizes individuals and organizations assisting migrants. The central argument is that solidarity is treated with hostility because of its association with the ‘enemy’ (irregular migrants and refugees) and its potential to expose illicit tactics used by the Greek state to control immigration. Ultimately, the article argues that these actions operate outside the rule of law, using punitive measures that bypass traditional legal safeguards, undermine humanitarian efforts, and raise concerns about the erosion of rights and the role of law in perpetuating exclusion.