immigration detention law history politics

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Immigration Detention

Author : Daniel Wilsher
ISBN : 9781139501354
Genre : Political Science
File Size : 89. 79 MB
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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.

Challenging Immigration Detention

Author : Michael J. Flynn
ISBN : 9781785368066
Genre :
File Size : 88. 65 MB
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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 Risk And Human Rights

Author : Maria João Guia
ISBN : 9783319246901
Genre : Law
File Size : 69. 36 MB
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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.

Inside Immigration Detention

Author : Mary Bosworth
ISBN : 9780198722571
Genre : Law
File Size : 61. 69 MB
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As states around the globe detain foreigners in greater numbers, a critical, academic examination of the social and cultural world of immigration detention centres is long overdue. This groundbreaking study based on extensive fieldwork in the British system unveils the world of immigration detention - its culture, politics, and impact on detainees.

The International Law Of Migrant Smuggling

Author : Anne T. Gallagher
ISBN : 9781107015920
Genre : Law
File Size : 80. 6 MB
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Whether forced into relocation by fear of persecution, civil war, or humanitarian crisis, or pulled toward the prospect of better economic opportunities, more people are on the move than ever before. Opportunities for lawful entry into preferred destinations are decreasing rapidly, creating demand that is increasingly being met by migrant smugglers. This companion volume to the award-winning The International Law of Human Trafficking, presents the first-ever comprehensive, in-depth analysis into the subject. The authors call on their experience of working with the UN to chart the development of new international laws and to link these specialist rules to other relevant areas of international law, including law of the sea, human rights law, and international refugee law. Through this analysis, the authors explain the major legal obligations of States with respect to migrant smuggling, including those related to criminalization, interdiction and rescue at sea, protection, prevention, detention, and return.

The Liberty Of Foreigners

Author : Daniel Wilsher
ISBN : 9058504115
Genre :
File Size : 21. 57 MB
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Drugs In American Society An Encyclopedia Of History Politics Culture And The Law 3 Volumes

Author : Nancy E. Marion
ISBN : 9781610695961
Genre : Political Science
File Size : 53. 8 MB
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Containing more than 450 entries, this easy-to-read encyclopedia provides concise information about the history of and recent trends in drug use and drug abuse in the United States—a societal problem with an estimated cost of $559 billion a year. • Contains more than 450 detailed entries on topics ranging from drugs themselves—such as alcohol, codeine, heroin, marijuana, and methamphetamines—to key individuals like Harry Anslinger to organizations such as the Drug Enforcement Administration (DEA) • Covers the latest developments in U.S. policies and public attitudes toward drugs and drug use • Provides citations with each entry to guide users to other valuable research resources • Features carefully selected primary documents—including excerpts from important laws, policies, and campaigns—that have shaped American drug policy over the decades

The Social Political And Historical Contours Of Deportation

Author : Bridget Anderson
ISBN : 9781461458647
Genre : Political Science
File Size : 83. 29 MB
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In recent years states across the world have boosted their legal and institutional capacity to deport noncitizens residing on their territory, including failed asylum seekers, “illegal” migrants, and convicted criminals. Scholars have analyzed this development primarily through the lens of immigration control. Deportation has been viewed as one amongst a range of measures designed to control entrance, distinguished primarily by the fact that it is exercised inside the territory of the state. But deportation also has broader social and political effects. It provides a powerful way through which the state reminds noncitizens that their presence in the polity is contingent upon acceptable behavior. Furthermore, in liberal democratic states immunity from deportation is one of the key privileges that citizens enjoy that distinguishes them from permanent residents. This book examines the historical, institutional and social dimensions of the relationship between deportation and citizenship in liberal democracies. Contributions also include analysis of the formal and informal functions of administrative immigration detention, and the role of the European Parliament in the area of irregular immigration and borders. The book also develops an analytical framework that identifies and critically appraises grassroots and sub national responses to migration policy in liberal democratic societies, and considers how groups form after deportation and the employment of citizenship in this particular context, making it of interest to scholars and international policy makers alike. “It is commonly surmised that the increased flows of goods, ideas, finance and people are slowly leading to the dissolution of boundaries between nation-states. However, as the varied and excellent chapters in this collection demonstrate, the enforcement of state power through detention and deportation is still a real and growing feature of contemporary political life. Expulsion has always been a moral sanction (think of Adam and Eve being banished from the Garden of Eden or the ostracism directed against dissidents in ancient Athens, who were forced to leave for ten years). As the editors suggest, deportation remains a means of enforcing a normative order (‘a community of values’), while the authors and editors of this book have expanded the subject-matter to include the deportees’ perspectives and the effects of deportation on families, other potential victims and on those whose social inclusion has been affirmed by the exclusion of others. These studies will enrich and enlarge the study of the more naked forms of state power.” - Robin Cohen, Professor Emeritus of Development Studies, University of Oxford “This wide-ranging, well-researched, and highly informative work is a major contribution to the growing body of scholarship examining the harsh consequences of deportation around the world. The editors have gathered an impressive group of scholars who craft an eclectic view of how deportation has evolved, what it may signify, and how it now works in various settings. With its inclusion of historical, institutional, comparative, and finely-textured, sensitive experiential studies, this book offers an important--if frequently distressing--overview of phenomena that deserve our full attention.” - Daniel Kanstroom, Professor of Law and Director, International Human Rights Program, Boston College Law School

Constructing Borders Crossing Boundaries

Author : Caroline Brettell
ISBN : 0739115693
Genre : Social Science
File Size : 59. 82 MB
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The essays in this volume tackle the construction and significance of race and ethnicity as boundary-making processes among diverse immigrant populations in the United States. Race and ethnicity can both unite and divide. The individual scholars contributing to this volume model, deploy, and explain notions of "borders" and "boundaries" in various ways, but collectively they emphasize the fluidity of racial and ethnic identities that are shaped, negotiated, and contested in specific contexts and situations. Constructing Borders/Crossing Boundaries also captures the range of spaces in which ethnicity and race become salient--the university, the immigrant enclave, the detention center, the work place, the nightclub, and even the trans-Atlantic passage. This interdisciplinary work features essays on a diverse range of immigrant populations from past to present and will interest scholars from across disciplines.

Constructing Borders Crossing Boundaries

Author :
ISBN : 9780739153543
Genre :
File Size : 76. 69 MB
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