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: 7922

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: 8434

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.

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: 8465

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.

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: 1978

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.

Textbook on Immigration and Asylum Law

Author: Gina Clayton

Publisher: Oxford University Press

ISBN: 0198747551

Category: Asylum, Right of

Page: 672

View: 2460

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

State Crime and Resistance

Author: Elizabeth Stanley,Jude McCulloch

Publisher: Routledge

ISBN: 0415691931

Category: Social Science

Page: 238

View: 5165

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.

Immigration Detention

Law, History, Politics

Author: Daniel Wilsher

Publisher: Cambridge University Press

ISBN: 1139501356

Category: Political Science

Page: N.A

View: 4303

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.

Scapegoats of September 11th

Hate Crimes & State Crimes in the War on Terror

Author: Michael Welch

Publisher: Rutgers University Press

ISBN: 0813541395

Category: Social Science

Page: 238

View: 523

From its largest cities to deep within its heartland, from its heavily trafficked airways to its meandering country byways, America has become a nation racked by anxiety about terrorism and national security. In response to the fears prompted by the tragedy of September 11th, the country has changed in countless ways. Airline security has tightened, mail service is closely examined, and restrictions on civil liberties are more readily imposed by the government and accepted by a wary public. The altered American landscape, however, includes more than security measures and ID cards. The country's desperate quest for security is visible in many less obvious, yet more insidious ways. In Scapegoats of September 11th, criminologist Michael Welch argues that the "war on terror" is a political charade that delivers illusory comfort, stokes fear, and produces scapegoats used as emotional relief. Regrettably, much of the outrage that resulted from 9/11 has been targeted at those not involved in the attacks on the Pentagon or the Twin Towers. As this book explains, those people have become the scapegoats of September 11th. Welch takes on the uneasy task of sorting out the various manifestations of displaced aggression, most notably the hate crimes and state crimes that have become embarrassing hallmarks both at home and abroad. Drawing on topics such as ethnic profiling, the Abu Ghraib scandal, Guantanamo Bay, and the controversial Patriot Act, Welch looks at the significance of knowledge, language, and emotion in a post-9/11 world. In the face of popular and political cheerleading in the war on terror, this book presents a careful and sober assessment, reminding us that sound counterterrorism policies must rise above, rather than participate in, the propagation of bigotry and victimization.

The Operation of the Special Immigration Appeals Commission (SIAC) and the Use of Special Advocates

Seventh Report of Session 2004-05, Vol. 2: Oral and Written Evidence

Author: Great Britain: Parliament: House of Commons: Constitutional Affairs Committee

Publisher: The Stationery Office

ISBN: 9780215023889

Category: Asylum, Right of

Page: 82

View: 7438

operation of the Special Immigration Appeals Commission (SIAC) and the use of special Advocates : Seventh report of session 2004-05, Vol. 2: Oral and written Evidence

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: 9915

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.

Preventive Justice

Author: Andrew Ashworth,Lucia Zedner

Publisher: OUP Oxford

ISBN: 0191021059

Category: Law

Page: 310

View: 5646

This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.

Discrimination, Denial, and Deportation

Human Rights Abuses Affecting Migrants Living with HIV

Author: Katherine Wiltenburg Todrys,Joseph Amon

Publisher: Human Rights Watch

ISBN: 1564324907

Category: AIDS (Disease)

Page: 25

View: 7186

This 22-page report describes how discrimination and human rights abuses faced by migrant populations result in increased vulnerability to HIV infection and barriers to care and treatment.--Publisher description.

Comprehensive Immigration Reform

Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Thirteenth Congress, First Session, February 13, 2013

Author: United States. Congress. Senate. Committee on the Judiciary

Publisher: N.A

ISBN: N.A

Category: Children of illegal aliens

Page: 534

View: 9733

The Illegal Business of Human Trafficking

Author: Maria João Guia

Publisher: Springer

ISBN: 3319094416

Category: Law

Page: 154

View: 4205

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.

Immigration and American Democracy

Subverting the Rule of Law

Author: Robert Koulish

Publisher: Routledge

ISBN: 1135843309

Category: Political Science

Page: 240

View: 7373

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.

Targeted

Homeland Security and the Business of Immigration

Author: Deepa Fernandes

Publisher: Seven Stories Press

ISBN: 158322954X

Category: Social Science

Page: 244

View: 3563

America has always portrayed itself as a country of immigrants, welcoming each year the millions seeking a new home or refuge in this land of plenty. Increasingly, instead of finding their dream, many encounter a nightmare—a country whose culture and legal system aggressively target and prosecute them. In Targeted, journalist Deepa Fernandes seamlessly weaves together history, political analysis, and first-person narratives of those caught in the grips of the increasingly Kafkaesque U.S. Homeland Security system. She documents how in post-9/11 America immigrants have come to be deemed a national security threat. Fernandes—herself an immigrant well-acquainted with U.S. immigration procedures—takes the reader on a harrowing journey inside the new American immigrant experience, a journey marked by militarized border zones, racist profiling, criminalization, detention and deportation. She argues that since 9/11, the Bush administration has been carrying out a series of systematic changes to decades-old immigration policy that constitute a roll back of immigrant rights and a boon for businesses who are helping to enforce the crackdown on immigrants, creating a growing "Immigration Industrial Complex." She also documents the bullet-to-ballot strategy of white supremacist elements that influence our new immigration legislation.

Borders and Crime

Pre-Crime, Mobility and Serious Harm in an Age of Globalization

Author: S. Pickering,J. McCulloch

Publisher: Springer

ISBN: 1137283823

Category: Social Science

Page: 202

View: 5401

The collection considers the growing importance of the border as a prime site for criminal justice activity and explores the impact of border policing on human rights and global justice. It covers a range of subjects from e-trafficking, child soldiers, the 'global war on terror' in Africa and police activities that generate crime.

Challenges in Human Rights

A Social Work Perspective

Author: Elisabeth Reichert

Publisher: Columbia University Press

ISBN: 0231510349

Category: Social Science

Page: 296

View: 1674

By using human rights as a guidepost, social workers can help create social welfare policies that better serve societal needs. However, in applying human rights to contemporary situations, social workers often encounter challenges that require thinking outside the box. Bringing together provocative essays from a diverse range of authors, Elisabeth Reichert demonstrates how approaching social work from a human rights perspective can profoundly affect legislation, resource management, and enforcement of policies. Topics include the reconciliation of cultural relativism with universal human rights; the debate over whether human rights truly promote economic and social development or simply allow economically developed societies to exploit underdeveloped countries; the role of gender in the practice of human rights; the tendency to promote political and civil rights over economic and social rights; and the surprising connection between the social work and legal professions.

Companion Reader on Violence Against Women

Author: Claire M. Renzetti,Jeffrey L. Edleson,Raquel Kennedy Bergen

Publisher: SAGE

ISBN: 1452236186

Category: Psychology

Page: 424

View: 1975

Designed to advance knowledge about violence against women and to serve as an inspiration to those studying or working in the field, this companion reader's 20 original articles focus first on theoretical and methodological issues, then on types of violence against women, and finally on prevention and direct intervention. Readers will find a wide range of articles that draw attention to the global dimensions of violence against women and the importance of taking into account political, economic, and cultural differences across diverse groups of people. While the book's articles are designed as companion pieces to the chapters in the Second Edition of the Sourcebook, this reader may also be used as a stand-alone text by those researching specific topics, such as diversity issues, conducting trainings, or teaching advanced courses, such as international social work.