Immigration Detention, Risk and Human Rights

Immigration Detention, Risk and Human Rights PDF

Author: Maria João Guia

Publisher: Springer

Published: 2016-02-24

Total Pages: 304

ISBN-13: 3319246909

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This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants. In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.

Immigration Detention

Immigration Detention PDF

Author: Amy Nethery

Publisher: Routledge

Published: 2015-04-24

Total Pages: 182

ISBN-13: 1317613910

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Before the turn of the century, few states used immigration detention. Today, nearly every state around the world has adopted immigration detention policy in some form. States practice detention as a means to address both the accelerating numbers of people crossing their borders, and the populations residing in their states without authorisation. This edited volume examines the contemporary diffusion of immigration detention policy throughout the world and the impact of this expansion on the prospects of protection for people seeking asylum. It includes contributions by immigration detention experts working in Australasia, the Americas, Europe, Africa and the Middle East. It is the first to set out a systematic comparison of immigration detention policy across these regions and to examine how immigration detention has become a ubiquitous part of border and immigration control strategies globally. In so doing, the volume presents a global perspective on the diversity of immigration detention policies and practices, how these circumstances developed, and the human impact of states exchanging individuals’ rights to liberty for the collective assurance of border and immigration control. This text will be of key interest to scholars, students and practitioners of immigration, migration, public administration, comparative policy studies, comparative politics and international political economy.

Detained and at Risk

Detained and at Risk PDF

Author:

Publisher:

Published: 2010

Total Pages: 24

ISBN-13: 9781564326768

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This report describes documented incidents and allegations of abuse. It also discusses recent proposals by Immigration and Customs Enforcement (ICE) to address the issue. Human Rights Watch emphasized that the agency should make improvements swiftly to improve oversight of the entire detention system and the ensure accountability.

"Tough, Fair, and Practical"

Author: Alison Parker

Publisher:

Published: 2010

Total Pages: 34

ISBN-13:

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"Americans from all political perspectives agree that United States immigration laws need to be fixed. While some emphasize the need to be tough in enforcing immigration law, others emphasize the importance of fairness. International human rights law offers a practical framework embracing both of these policy goals that is in the interests of citizens and non-citizens alike. Tough, Fair, and Practical describes the human rights standards that should underpin any immigration reform legislation and makes practical recommendations to improve US law. The basic right to family unity, fair hearings, protection against arbitrary detention, workplace rights, and remedies for victims are enhanced for all persons in the United States if these rights are protected in immigration policy. While international human rights law recognizes every government's sovereign right to protect its borders, the pressure to achieve immigration reform cannot come at the cost of violating fundamental human rights."--P. [4] of cover.

Immigration Detention and Human Rights

Immigration Detention and Human Rights PDF

Author: Galina Cornelisse

Publisher: BRILL

Published: 2010-03-08

Total Pages: 402

ISBN-13: 9047444337

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Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.

Challenging Immigration Detention

Challenging Immigration Detention PDF

Author: Michael J. Flynn

Publisher: Edward Elgar Publishing

Published: 2017-09-29

Total Pages: 352

ISBN-13: 1785368060

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Immigration detention is an important global phenomenon increasingly practiced by states across the world in which human rights violations are commonplace. Challenging Immigration Detention introduces readers to various disciplines that have addressed immigration detention in recent years and how these experts have sought to challenge underlying causes and justifications for detention regimes. Contributors provide an overview of the key issues addressed in their disciplines, discuss key points of contention, and seek out linkages and interactions with experts from other fields.

Immigration Detention

Immigration Detention PDF

Author: Daniel Wilsher

Publisher: Cambridge University Press

Published: 2011-10-27

Total Pages: 421

ISBN-13: 1139501356

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The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.

Immigration Detention in the European Union

Immigration Detention in the European Union PDF

Author: Izabella Majcher

Publisher: Springer Nature

Published: 2020-03-04

Total Pages: 489

ISBN-13: 303033869X

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This book offers a unique comparative assessment of the evolution of immigration detention systems in European Union member states since the onset of the “refugee crisis.” By applying an analytical framework premised on international human rights law in assessing domestic detention regimes, the book reveals the extent to which EU legislation has led to the adoption of laws and practices that may disregard fundamental rights and standards. While emphasizing policies and laws adopted in response to the “refugee crisis,” the volume also shows how these policies have evolved—and in many cases grown more restrictive—even as the “crisis” has begun to recede from the borders of many European countries. To sharpen awareness of contrasting developments across the region, the book’s country chapters are organised into geographic sections that reveal how variations in migration pressures have in some cases resulted in contrasting detention practices even as the EU directives have sought to harmonise immigration laws. A critical focus of the book are the evolving domestic norms related to grounds for detention, length of detention, non-custodial "alternatives to detention," the treatment of children, and conditions of detention. With its systematic and comparative assessment of immigration detention regimes across the EU, the book will be helpful for both academics and practitioners who seek a comprehensive guide to the evolution of one of today’s more important human rights dilemmas—states’ efforts to control global migration.

Costly and Unfair

Costly and Unfair PDF

Author: Human Rights Watch (Organization)

Publisher:

Published: 2010

Total Pages: 18

ISBN-13:

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"In 2009, the US Immigration and Customs Enforcement agency (ICE) held between 380,000 and 442,000 people in some 300 US detention facilities, at an annual cost of $1.7 billion. These people are not imprisoned as punishment for criminal offenses, but rather are detained for civil immigration violations. Many will be deprived of their liberty for months, some for years. And many are being held unnecessarily, at great cost to themselves, their families, and US taxpayers. At least since 1996, ICE has enjoyed relatively unchecked powers to sweep non-citizens into detention. This report is one of a series looking at flaws in current immigration policy that can be remedied through specific administrative and legislative actions."--Human Rights Watch website.

Immigration Detention and Social Harm

Immigration Detention and Social Harm PDF

Author: Michelle Peterie

Publisher: Taylor & Francis

Published: 2024-07-31

Total Pages: 201

ISBN-13: 1040036724

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This interdisciplinary edited collection is the first internationally to comprehensively explore the harms immigration detention imposes beyond the ‘detainee’. Bringing together research from North America, the UK, Europe and Australia, it shows how the harms immigration detention imposes ramify beyond singular bodies, moments and locations – reverberating through families and communities and echoing across time. The book is structured in three parts. Part One: Human Costs, examines the harms immigration detention imposes on people who are not personally incarcerated, but whose lives are nonetheless entangled with detention regimes. Part Two: Societal Consequences highlights the corrosive impacts of immigration detention at the societal level, including the role migrant incarceration plays in naturalising and perpetuating inequalities and injustices. Part Three: Ending the Harm interrogates the possibilities of detention reform and detention abolition. This book will be a key reference text for scholars and students in the social and behavioural sciences who are interested in immigration detention, human rights and/or incarceration.