Immigration Detention, Risk and Human Rights

Studies on Immigration and Crime

Author: Maria João Guia,Robert Koulish,Valsamis Mitsilegas

Publisher: Springer

ISBN: 3319246909

Category: Law

Page: 293

View: 7777

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.

The Routledge Handbook on Crime and International Migration

Author: Sharon Pickering,Julie Ham

Publisher: Routledge

ISBN: 1135924333

Category: Social Science

Page: 448

View: 8779

The Routledge Handbook on Crime and International Migration is concerned with the various relationships between migration, crime and victimization that have informed a wide criminological scholarship often driven by some of the original lines of inquiry of the Chicago School. Historically, migration and crime came to be the device by which Criminology and cognate fields sought to tackle issues of race and ethnicity, often in highly problematic ways. However, in the contemporary period this body of scholarship is inspiring scholars to produce significant evidence that speaks to some of the biggest public policy questions and debunks many dominant mythologies around the criminality of migrants. The Routledge Handbook on Crime and International Migration is also concerned with the theoretical, empirical and policy knots found in the relationship between regular and irregular migration, offending and victimization, the processes and impact of criminalization, and the changing role of criminal justice systems in the regulation and enforcement of international mobility and borders. The Handbook is focused on the migratory ‘fault lines’ between the Global North and Global South, which have produced new or accelerated sites of state control, constructed irregular migration as a crime and security problem, and mobilized ideological and coercive powers usually reserved for criminal or military threats. Offering a strong international focus and comprehensive coverage of a wide range of border, criminal justice and migration-related issues, this book is an important contribution to criminology and migration studies and will be essential reading for academics, students and practitioners interested in this field.

Immigration and American Democracy

Subverting the Rule of Law

Author: Robert Koulish

Publisher: Routledge

ISBN: 1135843317

Category: Political Science

Page: 240

View: 2180

While the idea of immigration embodies America’s rhetorical commitment to democracy, recent immigration control policies also showcase abysmal failures in democratic practice. Immigration and American Democracy examines these failures in terms of state sovereignty, neoliberalism, and surveillance-based techniques of social control. The ideological argument for privatization is not new. But immigration has provided a laboratory for replicating on American soil the sorts of outsourcing travesties that have occurred in America’s war in Iraq. As an outcome, abusive executive powers—many delegated to state and local governments and private actors—are manifested every day in data collection, spying, detention, and deportation hearings, and in many cases bypassing the Constitution. The practice of privatization extends this leviathan immigration state by clamping down on civil liberties without having to oblige the courts. Ultimately, Koulish examines the contested terrain between democratic and undemocratic forces in the immigration policy domain and concludes with recommendations for how democratic forces might well still win out.

The Criminalisation of Migration in Europe

Challenges for Human Rights and the Rule of Law

Author: Valsamis Mitsilegas

Publisher: Springer

ISBN: 331912658X

Category: Law

Page: 110

View: 463

This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.

Detaining the Immigrant Other

Global and Transnational Issues

Author: Rich Furman,Douglas Epps,Greg Lamphear

Publisher: Oxford University Press

ISBN: 019022259X

Category: Social Science

Page: 288

View: 6321

This edited text explores immigration detention through a global and transnational lens. Immigration detention is frequently transnational; the complex dynamics of apprehending, detaining, and deporting undocumented immigrants involve multiple organizations that coordinate and often act across nation state boundaries. The lives of undocumented immigrants are also transnational in nature; the detention of immigrants in one country (often without due process and without providing the opportunity to contact those in their country of origin) has profound economic and emotional consequences for their families. The authors explore immigration detention in countries that have not often been previously explored in the literature. Some of these chapters include analyses of detention in countries such as Malaysia, South Africa, Turkey and Indonesia. They also present chapters that are comparative in nature and deal with larger, macro issues about immigration detention in general. The authors' frequent usage of lived experience in conjunction with a broad scholarly knowledge base is what sets this volume apart from others, making it useful and practical for scholars in the social sciences and anybody interested in the global phenomenon of immigration detention.

Human Rights and Immigration

Author: Ruth Rubio-Marín

Publisher: OUP Oxford

ISBN: 0191004502

Category: Law

Page: 380

View: 6362

Economic interaction has enlarged the international trade in goods and services, but the safe and humane flow of persons across international borders remains a challenge in a State-based model of territorial jurisdictions. Once an immigrant enters a new host country the guarantee of respect for their human rights comes into question. Indeed, the legal and political constructions of inclusion or exclusion of migrants from the political community touch at the very heart of the cosmopolitan spirit of universal human rights. This book brings together leading experts in the fields of migration and human rights law to examine central problems in the protection of the human rights of migrants. They explain the theoretical background of present issues in the area including, immigrant integration policies in Europe, the social and labour rights of migrants, the conditions and legal frameworks affecting migrant women, asylum seekers and refugees worldwide among many others. It explains in a clear and critical manner the legal and political implications of migration today in the context of an evolving globalized world.

The Criminalisation of Migration in Europe

Challenges for Human Rights and the Rule of Law

Author: Valsamis Mitsilegas

Publisher: Springer

ISBN: 331912658X

Category: Law

Page: 110

View: 3182

This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.

Immigration Detention and Human Rights

Rethinking Territorial Sovereignty

Author: Galina Cornelisse

Publisher: BRILL

ISBN: 9004173706

Category: Law

Page: 388

View: 9202

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.

State Crime and Resistance

Author: Elizabeth Stanley,Jude McCulloch

Publisher: Routledge

ISBN: 0415691931

Category: Social Science

Page: 238

View: 3766

Within criminology 'the state' is often ignored as an active participant, or represented as a neutral force. While state crime studies have proliferated, criminologists have not paid attention to the history and impact of resistance to state crime. This book recognises that crimes of the state are far more serious and harmful than crimes committed by individuals, and considers how such crimes may be contested, prevented, challenged or stopped. Gathering together key scholars from the UK, USA, Asia, Australia and New Zealand, this book offers a deepened understanding of state crime through the practical and analytical lens of resistance. This book focuses on crimes ranging from gross violations of human rights (such as genocide, war crimes, mass killings, summary executions, torture, harsh detention and rape during war), to entrenched discrimination, unjust social policies, border controls, corruption, fraud, resource plunder and the failure to provide the regulatory environment and principled leadership necessary to deal with global warming. As the first to focus on state crime and resistance, this collection inspires new questions as it maps the contours of previously unexplored territory. It is aimed at students and academics researching state crimes, resistance, human rights and social movements. It is also essential reading for all those interested in joining the struggles to champion ways of living that value humanity and justice over power.

Detained and Deported

Stories of Immigrant Families Under Fire

Author: Margaret Regan

Publisher: Beacon Press

ISBN: 0807079839

Category: POLITICAL SCIENCE

Page: 264

View: 3402

"The United States is detaining and deporting undocumented immigrants at a rate never before seen in American history. Hundreds of thousands languish in immigration detention centers, separated from their families, sometimes for years. Deportees are dropped off unceremoniously in sometimes dangerous Mexican border towns, or flown back to crime-ridden Central American nations. Many of the deported have lived in the United States for years, and have U.S. citizen children; despite the legal consequences, many cross the border again. Using volatile Arizona as a case study of the system, Margaret Regan conjures up the harshness of the detention centers hidden away the countryside and travels to Mexico and Guatemala to report on the fate of deportees stranded far from their families in the United States"--

The Illegal Business of Human Trafficking

Author: Maria João Guia

Publisher: Springer

ISBN: 3319094416

Category: Law

Page: 154

View: 9553

This book offers a brand-new perspective on human trafficking as an illegal business. It also proposes a new form of networked action: combining the perspectives of academic researchers with those of highly skilled professionals involved in policymaking in this area, this book is a unique contribution and a first step toward a networking paradigm, promoting collaboration in preventing and combating human trafficking crime, and in raising awareness of this ongoing problem. This book was born within the CINETS group – Crimmigration Control International Net of Studies (www.crimmigrationcontrol.com), which was established in 2011 with the aim of bringing together expertise from different fields, professions, universities and countries. It aims to form a new paradigm for sharing knowledge and advancing research on topics related to human trafficking, crimmigration control, immigration and crime, immigrant detention and all types of violence that may affect victims of crimes, helping to create a fairer society.

Textbook on Immigration and Asylum Law

Author: Gina Clayton

Publisher: Oxford University Press

ISBN: 0198747551

Category: Asylum, Right of

Page: 672

View: 4327

The seventh edition of Textbook on Immigration and Asylum Law continues to provide students with expert coverage of case law and legislation, along with dynamic analysis of the political context and social impact of the law, and a strong focus on human rights. Including key case summaries, chapter questions and further reading, the book deftly guides the reader through this fascinating and constantly developing area of law, using clear and accessible language throughout. An ideal guide for all students of the subject. This book is accompanied by an Online Resource Centre, which contains the following resources designed to support the book: - Updates providing easy access to changes and developments in the law - Problem questions to test knowledge and develop analytical skill - Guidance on how to answer the end-of-chapter questions - A selection of web links to support additional research

Challenging Immigration Detention

Academics, Activists and Policy-makers

Author: Michael J. Flynn,Matthew B. Flynn

Publisher: Edward Elgar Publishing

ISBN: 1785368060

Category:

Page: 352

View: 5466

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.

Extreme Punishment

Comparative Studies in Detention, Incarceration and Solitary Confinement

Author: Keramet Reiter,Alexa Koenig

Publisher: Springer

ISBN: 1137441151

Category: Social Science

Page: 255

View: 6853

This ground-breaking collection examines the erosion of the legal boundaries traditionally dividing civil detention from criminal punishment. The contributors empirically demonstrate how the mentally ill, non-citizen immigrants, and enemy combatants are treated like criminals in Canada, the United Kingdom and the United States.

Criminal Justice Research in an Era of Mass Mobility

Author: Andriani Fili,Synnøve Jahnsen,Rebecca Powell

Publisher: Routledge

ISBN: 1351980076

Category: Social Science

Page: 240

View: 7440

We live in an era of mass mobility where governments remain committed to closing borders, engaging with securitisation discourses and restrictive immigration policies, which in turn nurture xenophobia and racism. It is within this wider context of social and political unrest that the contributors of this collection reflect on their experiences of conducting criminological research. This collection focuses on the challenges of doing research on the intersections between criminal justice and immigration control, choosing and changing methodologies while juggling the disciplinary and interdisciplinary requirements of the work’s audience. From research design, to fieldwork to writing-up, this book captures every part of the research process, drawing on a range of topics such as migration control, immigrant detention and border policing. It also reflects on more neglected areas such as the interpersonal and institutional contexts of research and the ontological and epistemological assumptions embedded within data analysis methods. It makes a significant contribution to our understanding of the major developments in current research in this field, how and why they occur and with what consequences. This book seeks to shake off the phantom of undisturbed research settings by bringing to the fore the researchers' involvement in the research process and its products. An interdisciplinary collection, it can be used as a reference not just for those interested in the criminology of mobility but also as a learning tool for anyone conducting research on a highly charged topic in contemporary policy and politics.

Crimes of Peace

Mediterranean Migrations at the World's Deadliest Border

Author: Maurizio Albahari

Publisher: University of Pennsylvania Press

ISBN: 0812291727

Category: Political Science

Page: 288

View: 1798

Among the world's hotly contested, obsessively controlled, and often dangerous borders, none is deadlier than the Mediterranean Sea. Since 2000, at least 25,000 people have lost their lives attempting to reach Italy and the rest of Europe, most by drowning in the Mediterranean. Every day, unauthorized migrants and refugees bound for Europe put their lives in the hands of maritime smugglers, while fishermen, diplomats, priests, bureaucrats, armed forces sailors, and hesitant bystanders waver between indifference and intervention—with harrowing results. In Crimes of Peace, Maurizio Albahari investigates why the Mediterranean Sea is the world's deadliest border, and what alternatives could improve this state of affairs. He also examines the dismal conditions of migrants in transit and the institutional framework in which they move or are physically confined. Drawing on his intimate knowledge of places, people, and European politics, Albahari supplements fieldwork in coastal southern Italy and neighboring Mediterranean locales with a meticulous documentary investigation, transforming abstract statistics into names and narratives that place the responsibility for the Mediterranean migration crisis in the very heart of liberal democracy. Global fault lines are scrutinized: between Europe, Africa, and the Middle East; military and humanitarian governance; detention and hospitality; transnational crime and statecraft; the universal law of the sea and the thresholds of a globalized yet parochial world. Crimes of Peace illuminates crucial questions of sovereignty and rights: for migrants trying to enter Europe along the Mediterranean shore, the answers are a matter of life or death.

University of Chicago Law Review

Volume 80, Number 1 - Winter 2013: Symposium - Immigration Law and Institutional Design

Author: University of Chicago Law Review

Publisher: Quid Pro Books

ISBN: 1610278968

Category: Law

Page: 579

View: 6477

A leading law review offers a quality eBook edition. This first issue of 2013 (Winter 2013, Volume 80) features articles and essays from internationally recognized legal and immigration policy scholars, including an extensive Symposium on immigration and its issues of policy, law, and administrative process in the United States. In addition, the issue includes articles by scholars and student-editors on other issues of law and policy. The issue serves, in effect, as a new and extensive book on cutting-edge issues of immigration law and policy in the United States by renowned researchers in the field. It is presented in modern eBook format and features active Tables of Contents; linked footnotes and URLs; careful digital presentation; and legible tables and images.

Yearbook of International Sports Arbitration 2016

Author: Antoine Duval,Antonio Rigozzi

Publisher: Springer

ISBN: 9462652376

Category: Law

Page: 427

View: 3826

The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of arbitration for Sport (CAS) and national courts in 2016. It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on burning issues raised by international sports arbitration, and independent commentaries by esteemed academics and seasoned practitioners on the most important decisions of the year by the CAS and national courts. Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchâtel, Switzerland, and is the partner in charge of the sports arbitration practice at Lévy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.

Immigration, Asylum and Human Rights

Author: Nicholas J. Blake,Raza Husain

Publisher: Blackstone Press

ISBN: 9781841741406

Category: Political Science

Page: 421

View: 8655

A practical guide to the impact of the Human Rights Act on immigration and asylum law