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Bernardini, Lorenzo. "Immigration detention in Europe." Doctoral thesis, Urbino, 2022. http://hdl.handle.net/11576/2698151.
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Essex, Ryan William. "Australian Immigration Detention: How Should Clinicians Respond?" Thesis, The University of Sydney, 2019. http://hdl.handle.net/2123/20642.
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Australian immigration detention violates human rights and international law. Clinicians and professional healthcare bodies have been central to its operation, both providing healthcare within detention centres and protesting its consequences. Since its introduction over 25 years ago and despite ongoing protest the government has continued to implement increasingly opaque and punitive policy. How should clinicians respond? This thesis sets out to challenge over 20 years of thinking on this topic, calling for a shift in how clinicians and professional bodies engage with Australian immigration detention. I argue that current responses to the health and healthcare needs of those detained are inadequate. I reject a boycott but call for such action to be seen within a broader strategy aimed at bringing about social and political change. I propose a theoretical base to inform such a stance, by appealing to social movement theory and other theories of social change. I demonstrate how such theory can be applied to inform systemic, social and political change, and I argue that clinicians and professional bodies should embrace this approach which includes employing forms of political action such as protest, disruption and civil disobedience.
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Robjant, Katy. "Psychological distress of asylum seekers in immigration detention." Thesis, University of Surrey, 2007. http://epubs.surrey.ac.uk/964/.
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Silverman, Stephanie J. "The normative ethics of immigration detention in liberal states." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:4c37674b-abdb-42b0-91a9-e6719587bf01.
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This thesis explores the normative propriety of immigration detention in liberal states. In the first part of the thesis, I explore the development, current practice, and popular justifications for immigration detention in the United Kingdom. I argue that a crucial but unacknowledged role for immigration detention is to function as a political spectacle of the centralisation of power in liberal states. I find that the key motivation for detaining non-citizens is that they could abscond before their removals. I conclude that this basis for detention is normatively acceptable in only very limited cases and, even then, alternatives are often available and ethically preferable. Based on the fact that there is a normatively acceptable rationale, albeit circumscribed, for detention practices, I then propose a framework of minimum standards of treatment in detention that I advise all liberal states to follow. After outlining my proposal, I turn in the second part of the thesis to an examination of the normative theories of immigration control and how they take account of detention. Normative theorists differ in how they balance their commitments to individual and state rights, yet I find the majority concedes the need for some degree of immigration admissions control. Such theories face a moral dilemma: there can be no immigration control without detention, and so detention becomes an implicit assumption for these normative theories to be coherent. A potential solution for combating the practical problems associated with the growing, worsening detention estates as well as the moral dilemma of incarcerating a non-citizen based on fear of absconding would be to open borders and eliminate immigration control. Given the reality of the sovereign right to control immigration, however, I argue that the more feasible normative answer is lobby liberal states to adopt my framework of minimum standards of treatment while simultaneously pressing for open borders as the long-term ethical goal.
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Norin, Jansson Annie. "Exceptional foreigners : Analysing the discourses around immigration detention in Sweden." Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-274564.
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Based on a discourse analysis of Swedish public investigations regarding immigration detention, this thesis examines the discourses around ‘foreigners’ therein. Rejected asylum-seekers awaiting deportation have gone from being systematically detained in prisons by the police, to instead be confined in detention centres administered by the Swedish Migration Board. Yet, an increased criminalisation is evident. Focusing, in particular, on the legal ambiguity that authorises the detention system to further detain and criminalise asylum seekers, it is argued that the practice of detention can be seen as ‘exceptional’ where discourses of care, suspicion and fear constitute subjectivities such as the ‘identity-less foreigner’, the ‘vulnerable foreigner’, and the ‘dangerous foreigner’.
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Ray, Dr Tiney Elizabeth. "Education Program for Nurses Working in an Immigration Detention Facility." ScholarWorks, 2016. https://scholarworks.waldenu.edu/dissertations/3000.
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Nursing response to medical emergencies has been an ongoing issue in immigration detention centers. Lack of teamwork and poor communication with medical and security staff have resulted in detainees sustaining injuries during medical emergencies. This project was developed to persuade Immigration and Customs Enforcement Health Service Corps (IHSC) leaders to consider piloting the TeamSTEPPS emergency response curriculum for nurses working in the immigration detention center. Tuckman and Jensen's model of group development will provide guidance to IHSC leaders in understanding the transformational stages of forming a successful team. TeamSTEPPS will address gaps in emergency health care competency by improving collaboration, communication, and detainee outcomes. Evaluation questionnaires will be offered after each training module and several months after the conclusion of the program. Questionnaires will be distributed, analyzed, and interpreted by IHSC leadership or their designee. Implementation of the Team STEPPS curriculum may result in increased staff morale, decreased staff turnover, and improved detainee outcomes.
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Browning, Julie. "States of exclusion : narratives from Australia's immigration detention centres, 1999-2003." University of Technology, Sydney. Faculty of Humanities and Social Sciences, 2006. http://hdl.handle.net/2100/441.
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This thesis interrogates immigration detention as a space of intricate ambivalence - one which seeks to exclude, but which is also entreated to protect. The focus is so-called ‘unauthorised’ asylum seekers detained both within Australia and offshore on the Pacific island of Nauru between 1999 and 2003 - when the numbers of detained asylum seekers reached its maximum and the government introduced offshore processing centres. Australia’s immigration detention regime sits awkwardly with the discourse of universal human rights and brings into sharp conflict two robust political values: the right of endangered people to seek refuge and the right of the nation to determine who will enter. Focusing on the experiences of detainees reveals immigration detention as a complex regime through which the state’s dominating power targets the stateless, non-white, male body. This targeting is intentional, serving to secure sovereign borders and to rearticulate the naturalised ties between the national population and the modern state. Immigration detention holds the seeker in a limbo that sets parameters for the seeker’s experience of ongoing and intensifying insecurity. It specifically and intentionally fractures the identity of detainees: masochistic actions and collective protests, from hunger strikes to breakouts, reflect the common currency of anxiety and violence. The creation of offshore camps was, in part, a response to ongoing protests within onshore detention and the failure of onshore detention to stop boat arrivals. My chief focus here is the largest Pacific camp, ‘Topside’, on the island of Nauru. Unlike the onshore detention centres where publicised protests and breakouts screamed of continuing detention of asylum seekers, those on Nauru were effectively silenced. The thesis explores purpose as inscribed within the body of the exile. To give up hope for asylum is to face the possibility of endless wandering and death. Mechanisms of resistance, whether explicit protest or more passive waiting, are parts of the continuing struggle by the detained against mechanisms of exclusion and exception. The detained carve out small openings to contest their exclusion and to reassert an identity as survivors. There is a complex and fluid interplay between such resistance and government policies aiming to silence protest and limit identity – and ultimately to deter all unauthorised boat arrivals.
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Gallagher, Alanna. "The impact of immigration detention on the mental health of adults." Thesis, Canterbury Christ Church University, 2017. http://create.canterbury.ac.uk/16429/.
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Introduction: Immigration detention leads to poor mental health outcomes. Little qualitative research has been conducted focusing on immigrants’ experiences of detention centres or the mechanisms of the particular psychosocial processes involved in harm and resilience, particularly for women in the UK. Method: A social constructionist grounded theory methodology was used. Ten adults (seven females), previously detained in UK immigration detention, were interviewed. Transcribed interview data was analysed to develop categories. Results: An initial model of the psychosocial processes of immigration detention was developed, which included the means by which individuals’ adaptation, resistance, and survival is navigated. Life as a liminal refugee and imposed criminality through institutionalisation and an unjust system was described. Detainees were not believed and felt uncared for. Detainees internalised persecution, injustice, and threat. They responded with physical and emotional. Detainees also responded with agency and defiance. They supported each other and made use of advocates. Recovery after release from detention involved processing and re-establishing oneself, despite on-going challenges. Discussion: Immigration detention has enduring effects that reflect internalisation of institutional processes. Disempowerment and resilience are discussed. Treatment may be similar to that used for complex therapy. Professionals should consider ethics and actions in relation to immigration detention.
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Phillips, Kristen. "Immigration detention, containment fantasies and the gendering of political status in Australia." Curtin University of Technology, School of Communication and Cultural Studies, Faculty of Media Culture and Creative Arts, 2009. http://espace.library.curtin.edu.au:80/R/?func=dbin-jump-full&object_id=129031.
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This thesis is about border politics, in more than one sense. It looks at the recent period of anxiety about the control of Australian national borders (approximately, from the late 1990s until the 2007 Federal election), and attempts to understand how certain assumptions about women as potential reproductive bodies permeated biopolitical discourses in Australian national culture during this period. I employ the term ‘containment’ in order to make sense of this cultural moment. With reference to the work of theorists of modernity such as Michel Foucault and Zygmunt Bauman, I argue that containment is a key discourse in modern cultures—a way of thinking and speaking about confinement, control, management and order. It structures how we think about the management of populations and is a central part of the justification for the confinement of problem populations by modern political authorities. As such, then, it describes the ways in which the use of immigration detention for unlawful non-citizen asylum seekers has been thought about and accepted as reasonable in Australian national culture.However, a discourse of containment has also been central to the thinking about gendered bodies in modernity, in particular to assumptions about the control of women’s bodies. The assumptions about the containment of women in the modern gender order are directly linked to ideas about political status, citizenship and sovereignty in modern nation-states. Drawing on Giorgio Agamben’s notion of ‘bare life’—the life that is excluded from the protections of citizenship and thus left unprotected from violence—I attempt to make sense of the connections between the immigration detention camp as a site where the modern state exerts control over the life of the nation, and that modern state’s attempts to control reproductive and reproducing bodies. The reducing of certain people to the status of bare life is, then, a gendered process. Women and men are stripped of political status in different ways because they are assumed to have, or potentially have, different kinds of political status.
I therefore consider how ideas about women as reproductive bodies were integral to the discourse and practices of containment which underpinned the use of immigration detention in Australia. These ideas were important at a number of levels. Firstly, ideas about women as reproductive bodies infused the thinking about national borders, border control and the management of national reproduction. Secondly, a racially inflected discourse about ‘women and children’ was of central importance in shaping the ways in which male and female asylum seekers in immigration detention were treated. In the techniques used to control and manage gendered asylum-seeking bodies, key modern assumptions about women as reproductive bodies, the family, sovereignty and violence are revealed. Furthermore, I argue that many popular culture texts which attempt to make sense of, or critique, Australian national border politics have reinforced the same gendered ideas about containment, the same naturalised assumptions about the reproduction of the nation, which underpinned exclusionist border politics and the use of immigration detention. Examining the intersection of gendered and national discourses of containment in national border politics reveals the gendered violence which infuses the modern social order.
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Fiske, Lucy. "Insider resistance : understanding refugee protest against immigration detention in Australia, 1999 – 2005." Thesis, Curtin University, 2012. http://hdl.handle.net/20.500.11937/440.
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Protests by detainees in Australia’s immigration detention centres made regular headline news between 1999 and 2005. Journalists interviewed government ministers, senior departmental officials, refugee advocates, mental health experts and many others. Only rarely were detainees able to speak directly for themselves and explain their own actions. The primary task of this research has been to reunite the words of former detainees with their actions. Through interviews with former detainees, alongside a broad range of secondary sources, such as government media releases, news reports, inquiry reports and court transcripts, this thesis presents an alternative record of protests and other events inside detention centres. Detainees’ thoughts, words and actions are outlined in thematic chapters addressing human rights and the human subject of human rights, power and resistance in detention, escapes and breakouts, hunger strike and riot.Testimony from former detainees confirms that despair was widespread within immigration detention centres. However, it also reveals a discursive struggle for reinstatement as rights bearing human beings. Detainees engaged in collective and individual critique of their position within Australian and global politics, of the flow of power within detention centres, of their public representation and of the risks and potential benefits of possible protest actions. Interviews with former detainees revealed a diverse political consciousness and both strategic and principled thinking which drove protest action. The interviews also uncovered important insights into the interplay of reason and emotion in resistance undertaken by those directly experiencing injustice.Hannah Arendt argued that becoming a refugee entails a loss of ‘the right to have rights,’ which amounts to an expulsion, not only from a political community, but from humanity itself. In this research, the work of Hannah Arendt is used to expose the ways in which Australia’s regime for responding to asylum seekers who arrive by boat strips people of their status as ‘full’ human beings and is therefore fundamentally dehumanising. The words and deeds of detainees however, extend Arendt’s work on human rights and support the argument that certain characteristics of ‘naked humanity,’ including thought, speech and action, cannot be removed and that detainees remained discursive agents throughout their period of detention. Detainees used critical and strategic understandings of power to engage in a struggle for restoration as rights bearing human beings.
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Gobbo, Beatrice <1995>. "The use of immigration detention: a human rights perspective on the phenomenon." Master's Degree Thesis, Università Ca' Foscari Venezia, 2020. http://hdl.handle.net/10579/18285.
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The use of immigration detention became very common in the last decades and the practice raised different question, for instance, whether human rights are respected or not. The first chapter gives a broad vision of what immigration detention is and the ways in which it can be practiced; moreover, the attention is placed on the management of the phenomenon in the European Union and Italy. The second chapter concentrates its attention on the framework on human rights, focusing first on specific bodies of the United Nations and then on regional instruments, that are relevant when dealing with the phenomenon. Finally, the third chapter deals with violation of human rights, giving a perspective on the importance of the prohibition of arbitrary detention and torture. Moreover, it centers on how different categories are affected differently by detention, based on sex, age, nationality and religion.
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Raven-Ellison, Menah. "States of precarity : negotiating home(s) beyond detention." Thesis, Queen Mary, University of London, 2015. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8855.
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In the second quarter of 2013, 7,944 people were detained in the UK ‘for the purposes of immigration control’ (Home Office, 2013). While 1,138 of those detained were women, major shortcomings are identified in their treatment and calls made for a more gender sensitive asylum system. Although 35% of these women went on to be released there is a lack of research that investigates the on-going legacy of detention and the consequences for the sense of belonging, social integration and wellbeing of ex-detainees. This thesis draws on in-depth narrative interviews with 16 migrant women in the UK who were detained and then released from UK Immigration Removal Centres and five charity workers. Within migration scholarship the paradigm of exclusion has been traditionally adopted to understand how states seek to protect borders, keeping unwanted individuals out or contained. A spatial examination of respondents’ critical geographies of home reveals however that despite their release from detention these women continued to negotiate multiple and fluctuating boundaries. It is argued therefore that this paradigm obscures a nuanced perspective and proposes instead a discourse of precarity. Not only can the ‘state of precarity’ implicit within narratives of detention seep into and define the everyday geographies of home beyond release, respondents’ everyday negotiations with home remained central to the construction and proliferation of everyday precarity. This is achieved through a home-infused geopolitical rhetoric and interventions in the name of immigration enforcement which were revealed through (in)secure spaces of home. An exploration of emotional and embodied geographies also exposes erosive implications for feelings of belonging and health and wellbeing. A discourse of precarity therefore allows for a differentiation and critical inquiry of subjective gendered positions, citizenship and importantly, emergent accounts of resilience, reworking and resistance on predominantly social trajectories.
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Larsen, Evelyn. "The Trump Administration's Zero-Tolerance Policy: Separating Families as Immigration Deterrence." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/scripps_theses/1269.
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This paper analyzes how the Trump Administration’s zero-tolerance policy compares with the history of detention and immigration policy within the United States. President Trump believes there is a “border crisis,” wants to deter immigrants from coming to the U.S. and will “do whatever it takes to ensure border security” (Warner, 2018). A 7-year-old girl died in Customs and Border Patrol’s custody on December 7th, 2018. She suffered from dehydration and starvation (Valencia& Boyette 2018). This horrific event, and many other stories prompted me to do this research. In this thesis, I use qualitative and comparative methods of analysis by looking at the rate of immigration along the U.S. southern border under the Obama Administration and the Trump Administration. I unpack why detention is higher today than it was under Obama’s administration without a substantial spike in migration. I discuss how the human rights of these asylum seekers are being violated, in particular society’s most vulnerable social group: children. My thesis asks the question, how has the zero-tolerance policy of the Trump Administration resulted in human rights abuses? Using Foucault’s philosophy of prisons and punishment, this paper argues that the change in border policies since the Trump Administration’s zero-tolerance policy have led to clear human rights abuses, such as child separation, for the purpose of deterring other immigrants from coming to the United States.
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McMillan, Graham E. "Expanding Borders: The Fallacies of EU Policy Toward Irregular Immigration." Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/cmc_theses/1393.
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International attention on the plight of Syrian refugees seeking asylum in Europe has brought into question the long term efficacy of the European Union. Patchwork policy requirements set down by the European Council have disproportionately spread the economic and political strain of historically high levels of incoming asylum-seekers to member states at the external border of the Union. Italy and Greece specifically have been handed the administrative responsibility of the current inflows of people despite both nations having fundamentally fragile economies, recent histories of anti-immigration policy, and a complete inability to adequately combat the humanitarian aspects of this crisis. The severity of the situation has garnered calls to end the Schengen area and other nationalist policies, but in order to properly embrace its role as a beacon of opportunity for those seeking to escape persecution, the EU must coordinate to create a more comprehensive and fair institution to combat smuggling and encourage legal channels for asylum-seekers.
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Faize, Zohra. "Child [Un]Friendly Border Control: A Criminological Analysis of Young Asylum Seeker’s Migration and Immigration Detention Experiences." Thesis, Université d'Ottawa / University of Ottawa, 2018. http://hdl.handle.net/10393/37133.
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Globalization has expanded the travelling privileges of certain populations (namely for those in the West) while it has simultaneously resulted in restrictions on the movement of the more racialized and impoverished populations. The economically disadvantaged groups are subjected to strict border control policies such as stringent visa requirements (to stop them before they migrate), border infrastructure (to curb their mobility while they are travelling across international borders), and detention policies (after they arrive in the host country). The corresponding challenges are particularly taxing and traumatic for vulnerable populations, especially minors. Using qualitative methodology, this research explores the interview-based accounts of nine asylum-seeking children and young adults regarding their migration experiences with border control policies (during their migration) and administrative detention procedures in Canada. Drawing on Criminology of Mobility as a conceptual framework, the findings of this study demonstrate that border infrastructure endangers young asylum seekers’ lives as it compels them to pursue more precarious means, such as using the services of human smugglers or crossing international borders from isolated and dangerous crossing points. The findings of this research also suggest that juvenile asylum seekers may be experiencing border control policies and immigration detention more negatively because of their age-related vulnerabilities.
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Jauregui, Graciela Romo, and Graciela Romo Jauregui. "Access to Healthcare for Undocumented Immigrant Detainees in U.S. Immigration and Customs Enforcement Detention Centers (ICE)." Thesis, The University of Arizona, 2017. http://hdl.handle.net/10150/626709.
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During the last decade, immigration operations have drastically increased in the United States. Between 2009 and 2015, the Obama administration deported a record high of 2.4 million unauthorized immigrants (Homeland Security, 2016). Due to the amplified number of migrants being deported, the number of individuals in U.S. Immigration and Customs Enforcement (ICE) detention centers has also increased. Consequently, this phenomenon has raised concerns regarding undocumented migrants’ access to medical services in these facilities. This research project was conducted in order to assess the quality of medical and health care services in ICE detention centers in the state of Arizona. It also examined whether the ICE operational manuals and detention standards on medical care were being followed and were consistent with the Universal Declaration of Human Rights. The findings indicated that ICE was not compliant with a major portion of their Performance-Based National Detention Standards on medical care and thus, were violating the basic human rights of undocumented immigrants in detention centers as stated in the Universal Declaration of Human Rights.
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Griffiths, Melanie Bethan Elaine. "Who is who now? : truth, trust and identification in the British asylum and immigration detention system." Thesis, University of Oxford, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.665292.
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This thesis examines the role of identity and practices of identification in the British asylum system. Identity has become a 'keyword' (Shore and Wright 1997a) of asylum policy, despite its absence from the Refugee Convention and most international refugee protection guidance. The 'problem' and 'solution' of asylum have been reconceptualised as issues of identification. Ascertaining 'true' identities has become pivotal to the asylum system: from a claimant's arrival to the deciding of their claim and removal of those refused refugee status. Subtly differing models of identity are employed by the UK Border Agency to these ends. Over the course of an asylum claim, an initial emphasis on a bureaucratised identity shifts towards a bodycentred model. Drawing on 18 months of anthropological research with asylum seekers living in Oxford or incarcerated in a near-by Immigration Removal Centre, the thesis considers how the policy-level emphasis on identification feeds into tensions within the asylum system. For multiple reasons, asylum seekers and immigration detainees often struggle to have their identities accepted by the authorities. Reasons include their absence from identity databases, ignprance of 'key' identifiers, fabrication, withholding of information and a paucity of identity documents. Claimant's identities are also critically examined as part of refugee determination. As a result, asylum seekers often have disputed identities, lack bureaucratically-recognised identities or have multiple identities. An examination of the disjuncture between having one identity disputed and another officially confirmed, shows that people become 'stuck' in the system, are susceptible to criminalisation and are subject to exceptional treatment such as indefinite detention. Although being beyond identification techniques can provide opportunities and means for resistance, it also disempowers and marginalises non-citizens. As identity verification requirements continue to infiltrate the wider British society, those people beyond such techniques become increasingly bureaucratically problematic, and are simultaneously threatening and vulnerable to the state apparatus. By reconfiguring asylum and removal as matters of identification, the political dimension of the system is masked Qya veneer of administrative neutrality, and any incidents of illegibility or anonymity are portrayed as the responsibility and choice of the individual rather than matters of technology, power, bureaucracy or cultural difference.
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Ghezelbash, Daniel. "Shifting sands and refugee boats: The transfer of immigration control measures between the United States and Australia." Thesis, The University of Sydney, 2015. http://hdl.handle.net/2123/14035.
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Policy makers are increasingly drawing on practices in other jurisdictions when developing immigration law and policy. This is due in part to the fact that the objectives of governments are converging as they seek to attract what they perceive as ‘good’ migrants, such as skilled workers and investors, and to deter ‘bad’ migrants, such as asylum seekers and irregular arrivals. In this thesis, I examine transfers of law and policy that have the objective of deterrence. I focus on the transfer of three measures between the United States and Australia. These are long-term mandatory detention, maritime interdiction, and extraterritorial processing of asylum claims. I compare and analyse the history and implementation of these measures. Referring to interviews carried out with key policy makers, I argue that the similarities in the way these policies have been implemented in the United States and Australia are the result of a process of legal and policy transfer. The analysis of these case study transfers is undertaken with a view of developing a deeper understanding of the transfer process and providing lessons for policy makers involved in future transfers. In particular, I examine the factors which contribute to the success or failure of transfers. I focus on the ‘legal dimension’ of success—that is, the ability of transferred law and policy to survive judicial challenges in the receiving jurisdiction. I also raise general concerns about transfers of restrictive immigration measures. I criticise the opaque nature of the forums in which these transfers occur and question the quality of the information relied upon by policy makers in the transfer process. I argue that at times, transfers of restrictive immigration measures are motivated by competition, as countries seek to outdo the deterrent measures introduced in comparator jurisdictions. This competition has given rise to a ‘race to the bottom’ that has the potential to unravel the international refugee protection regime.
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Chang, Denise A. "The Management of Illegal Immigration through Immigrant Detention and the Experience of Applying for Relief While Detained." Thesis, University of Colorado at Denver, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10792026.
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Since 1920, the legal position of undocumented immigrants has devolved from “worker” to “alien” to “criminal alien” to “national security threat.” As the perceived threat level has increased, so has the use of a prison-like immigrant detention system to manage unwanted populations until they can be removed. This paper examines the ways in which immigration law, current policy, public opinion, detention processes, court procedures, and physical isolation converge to not only expedite that removal, but also to hinder and even deter those under removal orders from adequately presenting a case for relief in immigration court. Because the real, lived consequences of those laws and policies are experienced far from the view of those who make the laws, this thesis seeks to provide a window into the fraught process of preparing an appeal for relief from deportation within the limitations of detention.
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Rivas, Lorena. "Stuck in Survival Mode: The Impact of Australian Immigration Detention on Women's Physical, Mental and Social Wellbeing." Thesis, Griffith University, 2022. http://hdl.handle.net/10072/419698.
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Irregular migration policies differ across western nations, nevertheless, a practice almost all have in common is the use of immigration detention. The detention facilities are intended to deter, manage, and deport unauthorised arrivals. Australia’s approach to immigration detention has been unique compared to other countries for two main reasons. Firstly, in recent decades Australia has utilised long-term, indefinite detention rather than holding people in immigration detention facilities for the shortest time possible. The amount of time people are held within these facilities by the Australian government has increased considerably over the past decade from an average of 81 days in 2013 to 689 days in 2021. Second, Australia’s use of offshore detention facilities in the Republic of Nauru and Manus Island to house detainees has been exceptional, though other countries such as the United Kingdom recently appear to be adopting this approach too.
The rising use of mandatory immigration detention by western nations such as Australia is a controversial topic. Over the past decade, this has been highlighted by media reports, public debate and a growing body of research criticising this policy approach (particularly the length of detention and conditions to which detainees are subject). Current literature details the prevalence of a range of wellbeing issues that detainees experience, either because of or which are exacerbated by their detention in these facilities. Despite the problems of immigration detention being widely recognised, the practice persists. Most of the previous research concerned with the experience of immigration detention focuses on the general immigration detention population, which mainly consists of men. The aim of this thesis was to address the existing gap in the literature by focusing on the experiences of women held in long-term immigration detention in Australia. The research broadly asks what impact long-term immigration detention has on women’s physical, mental, and social wellbeing. Crewe's (2015) framework, which conceptualises the experiences of prisoners and detainees, guided the data collection and analysis with its four dimensions of depth, weight, tightness, and breadth of detention conditions.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Crim & Crim Justice
Arts, Education and Law
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Muftic, Lamija. "Protection of human rights in the case of immigration related detention in the EU: Between international law and international relations." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-22392.
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The aim of this thesis is to explore the relation between the extent of abidance to human rights international law provisions in regard to the detention of immigrants in the countries of EU, and the motivations for doing so, as presented in the international relations theories. The principal research question is: Why are immigrants facing problems in obtaining human rights in the context of immigration related detention? The answers are implicitly found in the answers to the underlying question: Why do states crate and obey international law? Methodologically, the problematic is approached through the theoretical analysis of International Relation theories: Realist, Institutionalism, Liberalism and Constructivism. Each of these theories provides different factors as explanatory for the actions of the states, respectively: power, existence of institutions, interest of individuals and social practices. National law remains the key system in the protection of rights due to its enforceability. Despite the existence of provisions relating to the rights of aliens, national law primarily protects the rights of nationals. From the second half of the 20th century international law has developed rapidly and has influenced the development and advancement of human rights and standards. However, due to the lack of strength in its enforceability, its application is dependent of the political interest and motivation of individual states, both in their inclusion of international law provisions into their national legal systems and its enforcement, and in the use of the constellation of power in international relations in applying pressure on other states to do the same. Entities like European Union bring a new quality to this problematic, given its specific legal structure that has influenced the rethinking of national sovereignty as the uncontested authority in creating and abiding the law. Nonetheless, provision and protection of individual's rights remains tightly knit to and dependent upon citizenship.
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Maruri, Ramos Catalina. "Comparative Critical Discourse Analysis of CNN and Fox News Headlines: A Case of Immigration Detention in the US." Thesis, Stockholms universitet, Engelska institutionen, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-169780.
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Immigration policies and border control in the US were hardened significantly more ever since the new government’s immigration executive order in 2017. A series of massive raids and immigrant detentions were carried out which got the attention of both human rights activists and the news media. How these immigration detention events are portrayed in the news media reflect, moreover, a series of discourses which seem to attract audiences from either left-wing or right-wing political ideologies, specifically to read CNN and Fox news respectively, according to previous survey-based research. This paper aims to identify through Critical Discourse Analysis (CDA) how those in detention are represented in the news headlines of Fox News and CNN, and secondly, identify what possible left-wing and right-wing political ideologies about immigration are expressed in the news outlets. Reference strategies and transitivity will encompass the micro-level analysis, which focuses on language construction. For the macro-level analysis, on the one hand, discourse practices like process of production and consumption will be considered, and on the other hand, American foreign policy viewed from the left-wing and right-wing perspectives will be discussed to consider differences in style, tone, and perspective in CNN and Fox News’ headlines in relation to immigration detention events. Results show that CNN, tied to left-wing audiences, portray the immigration detention events from the perspective of immigrants who are in a vulnerable position since they are detained with their families. Moreover, Fox News, tied to right-wing audiences, show the events more from the viewpoint of the government and the public entities in charge of the immigration policies, who are in need to restrain, detain, and deport immigrants for the sake of the country’s security. This paper aims to contribute further to the research on political ideologies as a relevant factor to understand differences in discourse in the news media for future research.
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Martin, Lauren Leigh. "TECHNOLOGIES OF APPREHENSION: THE FAMILY, LAW, SECURITY, AND GEOPOLITICS IN US NONCITIZEN FAMILY DETENTION POLICY AND PRACTICE." UKnowledge, 2011. http://uknowledge.uky.edu/gradschool_diss/138.
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This dissertation examines how US immigrant family detention policy emerged from reinvigorated border security priorities, immigration policing practices, and international migration flows. Based on a qualitative mixed methods approach, the research traces how discourses of threat, vulnerability, and safety produce detainable child and parent subjects that displace “the family” as a legal entity. I show that immigration law relies on specific kinds of geographical knowledge, producing what I call the ‘geopolitics of vulnerability.’ More broadly, I analyze how current immigration enforcement practices work at local, national, and international scales, so that detention deters future migration as much as it penalizes existing undocumented migrants. Tracing how legal categorization, isolation, criminalization, and forced mobility discipline detained families, I show how detention bears down on migrant networks, defying individualized and national scalings of immigration law. Family detention, like the broader detention system, is authorized through overlapping forms of administrative discretion, and I analyze how the “plenary doctrine of immigration” resonates with ICE’s discretionary authority. Finally, I trace how immigrant rights advocates mobilizes conceptions of “home-like” and “prison-like” facilities, and how ICE reimagined its “residential” facilities in response. Empirically and theoretically, my project contributes the first academic study of US family detention to research on kinship, citizenship, security, geopolitics, and immigration enforcement.
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Puthoopparambil, Soorej Jose. "Life in Immigration Detention Centers : An exploration of health of immigrant detainees in Sweden and three other EU member states." Doctoral thesis, Uppsala universitet, Internationell mödra- och barnhälsovård (IMCH), 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-272493.
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Governments around the world use immigration detention to detain and deport irregular immigrants, which negatively affects their health. The aim of this thesis was to explore, describe and identify factors that could mitigate the effect of immigration detention on the health of detainees. This was a mixed method study using qualitative methods (Papers I and II), quantitative methods (Paper III) and descriptive case comparison (Paper IV) comparing the Swedish system to the system in the Benelux countries (Belgium, the Netherlands and Luxembourg). The study design was strengthened by triangulation of methods and data sources. Detainees experienced lack of control over their own lives due to lack of information in a language they can understand, inadequate responses from detention staff and restrictions within detention centers further limiting their liberty. Duration of detention was negatively associated with satisfaction of services provided in detention and the detainees’ Quality of Life (QOL). Detainees had low QOL domain scores with the psychological domain having the lowest score (41.9/100). The most significant factor positively associated with the QOL of detainees was the support received from detention staff. A sense of fear was present among detainees and staff. Detainees’ fear was due to their inadequate interaction with authorities, perceiving it as threatening, and due to their worry of facing repercussions of being involved in incidents caused by others. The potential for physical threat from detainees created a sense of fear among the staff. The detention staff expressed the need for more support to manage their emotional dilemma and role conflict of being a civil servant, simultaneously enabling the deportation process while providing humane care to detainees as fellow human beings. Detention centers in the Benelux countries had more categories of staff providing different services to detainees. Compared to the Benelux countries, healthcare services at the Swedish detention centers were limited. Detainees were offered no medical screening on arrival and no regular access to mental healthcare professionals. Detaining authorities have the obligation to safeguard the health of detainees. Challenges faced by the detention staff and detainees must be addressed to create a supportive environment and fulfill that obligation.
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Duffy, Maureen T. "The U.S. immigration detentions in the war on terror : impact on the rule of law." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82658.
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The terrorist attacks on September 11, 2001, resulted in dramatic legal changes in the U.S. As part of its investigation into the attacks, the U.S. Government detained approximately 5,000 "aliens" from predominantly Muslim countries. These detentions were characterized by minimal, and sometimes non-existent, habeas corpus and due-process protections. During times of crisis, care should be taken that panic not be allowed to prevail over long-cherished constitutional values. This thesis examines Government actions in light of constitutional principles to examine the larger question of whether the War on Terror detention practices have permanently undermined the rule of law in the U.S.The factual and legal scenarios in this area have been changing at a rapid rate, and they will certainly continue to change. Those constant changes have presented a special challenge in writing this thesis. The facts and legal scenarios described herein, therefore, are current as of January 31, 2005.
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Canga, P. "Detention of minors in the United Kingdom and Turkey as an immigration policy : assessing the predictive value of human rights compliance theory." Thesis, City, University of London, 2017. http://openaccess.city.ac.uk/19259/.
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The end of World War II was the beginning of an era of promises being made for the protection of human rights. Since then, the international community has established a variety of legal instruments that aim to achieve this protection. These legal instruments at the international level provide certain standards for states to fulfil, such as the right to a fair trial and prohibition of arbitrary detention. Despite the growing international human rights network including several official and non-official actors, non-compliance with international protection standards by states is still a serious challenge within the system. The ever-enlarging literature on international law compliance theories persistently seeks to find ways to overcome this problem. Immigration detention of children, one of the human rights issues on which the international network has provided guidance to states, has been practiced by Turkish and British immigration authorities for a considerable period of time. This practice has been justified on the grounds of efficient immigration control. Nevertheless, these two countries recently took legislative steps towards compliance with international human rights standards regarding immigration detention of minors. This research investigated these processes in Turkey and the UK to find out whether there were any actors that influenced the decision to change legislation by applying a selected compliance theory that focuses on socialisation between various actors such as courts and international monitoring bodies and the state. It was clear that these two very different countries reached the same conclusions via distinct routes, in reference to different reasons and motivations. While the theory’s predictive value showed only limited success in the UK’s case due to its reliance on socialisation and international law, it had high explanatory power for Turkey’s case. Nonetheless, it still demonstrated the importance of identifying actors capable of influencing decisionmaking of states to further strengthen the system of protection of human rights.
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Davies, Evan. "Mandatory detention for asylum seekers in Australia : an evaluation of liberal criticism." University of Western Australia. Political Science and International Relations Discipline Group, 2007. http://theses.library.uwa.edu.au/adt-WU2007.0202.
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This thesis evaluates the policy of mandatory detention for asylum seekers maintained by successive Australian governments against several core liberal principles. These principles are derived from various accounts of liberal political thought and the major themes and criticisms inherent in the public debate over the policy. The justifications of the policy given by the Australian government and the criticisms enunciated by scholars, refugee advocates and non-government organisations with respect to the policy strongly correspond with the core liberal principles of fairness, protecting the rights of the individual, accountability and proportionality. The claims of the critics converge on a central point of contention: that the mandatory detention of asylum seekers violates core liberal principles. To ascertain the extent to which the claims of the critics can be supported, the thesis selectively draws on liberal political theory to provide a framework for the analysis of the policy against these liberal principles, a basis for inquiry largely neglected by contributors to the literature. This thesis argues that, on balance, the mandatory detention policy employed by successive Australian governments violates core liberal principles. The claims of the critics are weakened, but by no means discredited, by the importance of the government's maintenance of strong border control. In the main, however, criticisms made by opponents of the policy can be supported. This thesis contributes to the substantial body of literature on the mandatory detention policy by shedding light on how liberal principles may be applicable to the mandatory detention policy. Further, it aims to contribute to an enriched understanding of the Australian government's competence to detain asylum seekers.
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Jansson, Sofi. "Sweden and its Historical Productions of Migrant Detainabilities." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-22811.
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This research deals with the question of how detention of foreigners and the creation ofdifferent forms of detention centers have been rendered possible in the context ofSweden, from the early 1900s up until today. A qualitative content analysis is used toexplore four periods, in terms of the motivations and regulations that produce“detainable categories”, as well as the logic behind such practices of encampment.Drawing on the concept of the “state of exception”, and by using policy documents, thisresearch argues how the Government by gaining extended powers in different periods oftime justifies and regularizes the detention of foreigners. This has been done for thesake of security of the state, protecting the welfare and wellbeing of the nation. Thistells us that the creation and production of detainabilities is not only related toexceptional situations, but becomes the normal condition of the existence of the nationstate.
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Roncuzzi, Noemi <1995>. "The Disproportionate Human Cost of Immigration Detention in Europe: Analysis on the Impacts that the Administrative Confinement has on Asylum-Seekers and Migrant Women." Master's Degree Thesis, Università Ca' Foscari Venezia, 2020. http://hdl.handle.net/10579/18247.
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La prima parte dell'elaborato si propone di analizzare il sistema europeo di detenzione per immigrati, dove le procedure amministrative sono state contaminate da quelle penali, conseguentemente ai discorsi nazionalisti sul nesso immigrazione-sicurezza. Pertanto, la logica della "crimmigrazione" ha portato alla detenzione dei migranti irregolari in "zone di esclusione", dove la mancanza di cittadinanza trasforma l'identità in un fattore potenzialmente discriminante. Di fatto, questo ambiente discriminante di genere e razzista rende le donne migranti soggetti particolarmente vulnerabili. Inoltre, le migranti detenute affrontano problemi legati alla salute mentale e fisica che sono specifici di genere, ma che vengono spesso trascurati o mal gestiti. Pertanto, al fine di prevenire i maltrattamenti delle migranti detenute, gli Stati membri dovrebbero sia migliorare le condizioni di vita dei centri di detenzione sia stabilire politiche di immigrazione più sensibili al genere.
La seconda parte della tesi sostiene che la mancanza di sensibilità di genere sia collegata all' "invisibilità" delle donne negli studi sulla migrazione. Sebbene il recente cambiamento del modello migratorio abbia gettato luce sulle esperienze di migrazione delle donne, le politiche degli Stati Membri in materia di asilo non sono ancora abbastanza sensibili al genere. Ad esempio, i casi di persecuzione relativi al genere potrebbero essere motivi insufficienti per il riconoscimento della protezione internazionale in Europa. Pertanto, le donne hanno maggiori probabilità degli uomini di diventare residenti irregolari, subire maltrattamenti e traumi post-migrazione.
La terza parte della dissertazione indaga quali strumenti giuridici internazionali e regionali in vigore possano contribuire alla protezione dei diritti delle donne in detenzione per immigrati. Così facendo, verranno messi in luce i limiti del meccanismo di protezione dei diritti umani delle donne migranti irregolari. L'analisi si focalizza sul principio di proporzionalità e sulle potenzialità dell’Articolo 5 della Convenzione di Istanbul in merito alla prevenzione della violenza di genere. In conclusione, viene offerta una panoramica dei casi europei (Belgio, Germania e Inghilterra) che hanno implementato pratiche alternative alla detenzione per immigrati. Tali alternative, di natura meno umanamente degradante, possono rappresentare una soluzione ottimale, in quanto eviterebbero la reclusione e le annesse violazioni dei diritti umani dei migranti, pur rispettando l'autorità decisionale dei governi nazionali in merito alle politiche sull'immigrazione.
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Malavaux, Claire. "Cultivating indifference : an anthropological analysis of Australia's policy of mandatory detention, its rhetoric, practices and bureaucratic enactment." University of Western Australia. School of Social and Cultural Studies, 2007. http://theses.library.uwa.edu.au/adt-WU2008.0120.
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This thesis is based on a particular domain of anthropological inquiry, the anthropology of policy, which proposes that policy be contemplated as an ethnographic object itself. The policy I consider is Australia's refugee policy, which advocates the mandatory detention of
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Rogalla, Barbara, and com au BarbRog@iprimus. "Framed by Legal Rationalism: Refugees and the Howard Government's Selective Use of Legal Rationality; 1999-2003." RMIT University. Global Studies, Social Science and Planning, 2007. http://adt.lib.rmit.edu.au/adt/public/adt-VIT20080122.100946.
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This thesis investigated the power of framing practices in the context of Australian refugee policies between 1999 and 2003. The analysis identified legal rationalism as an ideological projection by which the Howard government justified its refugee policies to the electorate. That is, legal rationalism manifested itself as an overriding concern with the rules and procedures of the law, without necessarily having concern for consistency or continuity. In its first form, legal rationalism emerged as a
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Enjolras, Franck. "Dans les coulisses des expulsions du territoire français, entre surveillance et assistance : enquête ethnographique d’un centre de rétention administrative." Thesis, Paris, EHESS, 2017. http://www.theses.fr/2017EHES0104/document.
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Dans un contexte de contrôle accru de l’immigration irrégulière et de la gestion serrée des frontières, de quelle manière, selon quelles modalités, par quelles directives et selon quelles applications, l’enfermement des étrangers en instance d’éloignement du territoire français, participe-t-il à la préparation de cette expulsion ?Cette thèse s’intéresse à la gestion de l’enfermement des étrangers dans un centre de rétention administrative (CRA), selon deux aspects centraux, la surveillance et le soin, et elle se focalise, à travers des pratiques de police et de santé, sur le rôle de cet enfermement dans la mise en œuvre de l’expulsion. Elle s’inscrit dans les travaux d’anthropologie de l’Etat et de la police et dans ceux de la sociologie de l’immigration et des lieux d’enfermement.Elle montre comment différentes formes de directives, propres à l’enfermement des étrangers, trouvent leur incarnation dans des agents dont les pratiques sont la résultante à la fois d’applications directes de ces directives et surtout de leurs aménagements, propres à la gestion des contradictions, découlant de ce lieu.Cette thèse s’intéresse d’abord aux pratiques de police fixées autour de la surveillance qui, dans le cadre de la gestion de certaines contradictions, propres à la rétention, devient, par glissement, un travail d’attente et d’anticipation, sous des formes allant de l’expectative à la recherche d’informations jusqu’aux stratégies locales de contrainte et de conditionnement. Elle se focalise ensuite sur les pratiques de santé, en montrant combien les enjeux de l’enfermement et de l’expulsion viennent à les façonner, de manière profonde, au point qu’elles soient parties prenant d’un processus de sélection et de différenciation. Elle s’intéresse enfin, dans ce travail global de préparation, aux effets des rapports entre la police et les professionnels de santé, dans cette gestion d’une population enfermée, tenue par la menace d’une expulsion. Cette thèse restitue, en somme, différentes pratiques, différents positionnements politiques et moraux, d’agents travaillant dans un dispositif de contrôle, administré par l’Etat, confrontés dans leur travail à des contradictions et à des conflits moraux.Ce travail est le fruit d’une enquête ethnographique mené au sein d’un CRA et d’entretiens et d’observations ciblés auprès d’acteurs appartenant à des lieux dont le CRA est dépendantIn the wings of the deportation from french territory, between surveillance and assistance : Ethnographic exploration in a French Immigration Detention CentreIn a context of increasing control of irregular immigration and the tight management of borders, in what manner, according to what terms, by which directives and which applications, does the incarceration of foreigners pending to be expulsed from French territory participate in the preparation of this expulsion? This thesis deals with the management of the confinement of foreigners in a French Immigration Detention Centre, according to two central aspects, monitoring and care, and she focuses, through the practices of police and health, on the role of this imprisonment in the implementation of expulsion. It fits in the anthropology of the State and the police work and in those of the sociology of immigration and of the places of confinement. It shows how different forms of directives, specific to the confinement of foreigners, are embodied in agents whose practices are the result both of direct applications of these guidelines and especially their facilities, specific to the management of contradictions, arising from this place. This thesis focuses first on police practices fixed around surveillance which, under the management of contradictions, proper to the retention, becomes by a shift to a job of expectation and anticipation, in forms ranging from expectantly looking for information to local strategies of constraint and conditioning. It then focuses on the practices of health, by showing how the confinement and deportation issues come to shape them, in a profound way, to the point that they are involved in the process of selection and differentiation. Finally she deals with this comprehensive preparatory work, to the effects of the relationship between the police and health professionals, in the management of an incarcerated population, held by the threat of expulsion. This thesis renders, in sum, different practices, and different political and moral positions of the agents that are working in a control system, administered by the State, that are faced in their work to contradictions and moral conflicts. This work is the fruit of an ethnographic investigation conducted within a French Immigration Detention Centre and targeted interviews and observations with actors belonging to places on which the French Immigration Detention Centre is dependent
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Kaufman, Emma M. "Foreign bodies : the prison's place in a global world." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:b6f8b663-eec5-43f6-a330-007e93bfbb5f.
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This thesis examines the treatment and experiences of foreign national prisoners in England and Wales. It contains two main arguments. First, I contend that dominant prison theories rely on an outmoded understanding of the nation-state, and as a result, tend to ignore the effects of globalisation. Second, I argue that current prison practices reaffirm the boundaries of the British nation-state and promote an exclusionary notion of British citizenship. I conclude that research attuned to the affective, embodied dimensions of incarceration can help criminologists to develop a more ‘global’ perspective on state power. This argument begins and builds from ethnographic research. As a whole, the thesis is based on more than 200 interviews conducted over the course of a year in and around five men’s prisons in the north, southwest, and center of England. Structurally, it proceeds from a theoretical critique of prison studies, to an ethnographic account of prison life, to a conclusion about the purpose of prison scholarship. Thematically, it focuses on the relationship between identity and imprisonment, and in particular, on the ways in which normative beliefs about race, gender, sexuality, and class get infused in incarceration practices.
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Pillant, Laurence. "La frontière comme assemblage : géographie critique du contrôle migratoire à la frontière orientale de la Grèce." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0268/document.
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La frontière orientale de la Grèce connaît depuis le début des années 2000 une augmentation des arrivées de migrants qui la franchissent sans autorisation. Le pays, nouvellement dans lʼespace Schengen, est jusque là muni dʼun cadre législatif prévu pour une immigration albanaise dont les autorités contrôlent les arrivées et envers laquelle elles pratiquent lʼexpulsion. Au fil des années 2000, lʼaugmentation des arrivées de migrants à la frontière gréco-turque et une combinaison de prises de décisions politiques autant locales, nationales, quʼeuropéennes, voire mondiales, a entraîné lʼémergence de lieux dʼenfermement. Cʼest lʼensemble de ces évolutions, leurs enjeux et leurs conséquences que ce travail décrypte. Théoriquement et méthodologiquement inscrit dans une approche sociale et politique en géographie, la frontière est envisagée comme un assemblage. Cela permet de comprendre comment le contrôle migratoire sʼétend à de nouveaux espaces et à de nouveaux acteurs, prolongeant ainsi la frontière au-delà de la ligne de séparation. Les modalités de cette extension frontalière sont autant le fait des cadres législatifs et des pratiques policières à différentes échelles que de lʼenvironnement socioculturel des espaces frontaliers. La manière dont ces éléments sʼimbriquent pour former une frontière réticulaire et performative permet dʼancrer la réflexion au cœur dʼun débat géographique sur les nouvelles formes de frontières contemporaines et leurs localisations. Du franchissement frontalier jusquʼau cœur du territoire grec, cette thèse expose les modalités de production et de reproduction des situations de frontières pour les migrants dans le paysSince the start of the millenium Greeceʼs eastern border has witnessed an increase in the flow of irregular migrants from Africa, the Middle East and Asia. Although the country entered Schengen a few years back, its immigration laws catered mainly for arrivals from Albania, an immigration that the autorities wanted to keep under control and where expulsions were possible. Throughout the noughties, new places of confinment were built in response to increasing numbers of migrants at the border between Greece and Turkey, and based on a combination of political decisions taken locally, nationally, at European level and even globally. This essay deciphers these trends, what is at stake and the consequences that they carry. From a theoretical and methodological point of view, encompassing a social and political approach in geography, borders are considered as an assemblage. This makes it easier to understand how migratory control expands beyond the geographical line of separation between Greece and Turkey and into new spaces involving new players. This expansion of the borders is the result of the legal framework, the policing practices at all levels and the sociocultural environment of these areas. The way in which these various elements come together to form a border that is both reticular and performative, enables us to position our thoughts within the geographical debate on new forms of contemporary borders and their localisation. From crossing the border to life inside the greek territory, this thesis presents the ways in which border situations are created and reproduced for the migrants in that country
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Quigley, Christine. "An Argument against Immigration Detention in Canada." Thesis, 2013. http://hdl.handle.net/1807/43307.
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This thesis will provide an argument against the use of immigration detention for asylum seekers. The thesis will critically analyse the law and policy of immigration detention in Canada. It will argue that the current policy of immigration detention in Canada does not comply with international human rights and obligations. The current policy of immigration detention does not reflect the values enshrined in the Charter of Fundamental Rights and Freedom, and the policy of mandatory detention should be abolished immediately. Immigration Detention should be a last resort, only enforced after alternatives to detention have been considered. There should be regular reviews of detention, equally applicable to all immigrants, and detention should last for as brief a period as possible.
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CHOU, CHUNG-HSIEN, and 周忠憲. "Study on Detention system in Immigration Act." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/283mb8.
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碩士開南大學
人文社會學院法律碩士在職專班
106
Study on Detention system in Immigration Act Abstract Detention of Taiwan’s Immigration Act is to temporarily hold foreign nationalsor people of the Mainland China suspected of violating the country's ImmigrationAct, Act Government Relations Between People of the Taiwan Area and theMainland Area, illegal entry with a deportation ruling issued by NationalImmigration Agency in detention. It is a compulsory measure to temporarily detainthem in order to ensure that the overstayed, illegal entered foreign nationals andpeople of the Mainland China be forcible deported, and to facilitate the subsequentexecution of the related removal operations. The temporary detention confinesforeign nationals or people of the Mainland China at certain places, so suchtemporary detention constitutes a form of deprivation of physical freedom andpotential human right infringement. Therefore, the reasons for their detentionshould meet the statutory requirements, and the means must be in line with theprinciple of proportion. The procedure shall be subject to legal scrutiny and theparties shall be given opportunities to voice their opinion. In order to protect the human rights of these aliens, J. Y. Interpretation No. 708was made on February 6, 2013 by the Council of Grand Justices, which ruled thatArticle 38, Paragraph 1, of the Immigration Act unconstitu-tional. The guarantee ofphysical freedom should not discriminate against foreign nationals; as long asphysical restraint been imposed, regardless of the detainee’s nationality, nocontinuation or extension is allowed without court review. The Interpretationprompted revision of the Immigration Act. The objectives of this research are toexam the new detention policy implemented by National Immigration Agency sinceFebruary 5, 2015, to analyze issues incurred after two years of implementation,and to provide suggestions for future amendment. Methods and Processes: in addition to literature review, the thesis also observesand compares relevant regulations of the United States, Germany, Japan andTaiwan, refers to recent studies of domestic scholars, supplemented by practicalexperiences, to review the current situation and problems en-countered in thepractice since the implementation of the new detention policy, and then to providefeasible suggestions. Keywords： foreign nationals, people of the Mainland China, overstayed foreignworkers, detention, physical freedom, judicial review。
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HUNG, GHIH-HUANG, and 洪志煌. "Discussing the Immigration Detention of Foreign Nationals from the Constitutional Perspective." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/82364418559309447953.
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CORNELISSE, Galina. "Immigration detention, territoriality and human rights : towards destabilization of sovereignty's territorial frame." Doctoral thesis, 2007. http://hdl.handle.net/1814/7028.
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Defence date: 7 May 2007Examining Board: Prof. Neil Walker (Supervisor, European University Institute) ; Prof. Marise Cremona (European University Institute) ; Prof. Pieter Boeles (Leiden University) ; Prof. Dora Kostakopoulou (University of Manchester)
First made available online on 10 July 2018
From a sociological point of view, camps or transit zones may present the institutionalisation o f temporariness as a form of radical social exclusion and marginalisation in modem society and a conservation of borders as dividing lines
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"Freedom in Shackles: Gender, Embodied Illegality, and "Alternatives to Detention" Programs." Tulane University, 2019.
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archives@tulane.eduU.S. Immigration and Customs Enforcement’s “alternatives to detention” program, known as the Intensive Supervisory Appearance Program (ISAP) is promoted as a “humane” immigration enforcement method for Central American women with children. In addition to frequent reporting requirements, ISAP enrollees are required to wear an electronic ankle bracelet monitor, typically referred to as “grilletes” or “shackles” by the persons who wear them. This thesis uses historical and media analysis methods to first demonstrate how mainstream media uses neoliberal gender ideologies that simultaneously domesticate and criminalize immigrant parents to justify the practice of assigning ankle shackles to Central American women with children. The second part is based on six in-depth interviews with men and women in ISAP. Drawing on these interviews as well as feminist theories of the body, labor, and space, this thesis develops the concept of “embodied illegality” as a way to demonstrate the punitive and detention-like effects of the “grilletes” on its wearers’ lives. It also discusses how gender shapes men and women’s experiences of embodied illegality and suggest that—because of prevailing gender ideologies about women, motherhood, and domesticity—women may have more punitive experiences from the “grillete.”
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Karla Daniela Rosas Rosas
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Shao, Chien-Hsuan, and 邵建軒. "Automatic Monitoring Management Platform Based on RFID RTLS for Immigration Detention Center Management." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/60434331400620925962.
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碩士中華大學
資訊管理學系碩士班
100
The applications of RFID (Radio Frequency Identification) RTLS (Real-Time Location Systems) are currently the fastest growing applications in the twenty-first century. There are a wide range of innovative applications about RFID RTLS. RFID RTLS is also the main direction of the development of the RFID public areas.The RFID RTLS applications in public domain are focus on monitoring of significant prisoners and prison management. The research adopts integrated sensor devices into RFID real-time location system to design the automatic monitoring and management platform. The platform provides automatic identification, environmental location, tracking the flow of people, and monitoring the physiological information to solve the problems of Immigration Detention Center management. The problems include the lack of staff, not implementation of the guard duty, not notice the abnormal behavior, not closely monitoring the video screen, and inadequate guard facilities. The proposed platform will simplify administrative process and reduce the duty load of staff, human error, and guard human needs. Keywords: Radio Frequency Identification (RFID), Real-Time Location Systems (RTLS), Automatic Monitoring
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Mitchel, Caitlin J. "Land of the free human rights violations at immigration detention facilities in America /." 2007. http://purl.galileo.usg.edu/uga%5Fetd/mitchel%5Fcaitlin%5Fj%5F200708%5Fllm.
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Stubbs, M., and M. Castles. "The International and Domestic Legality of Australia's Mandatory Detention of 'Unlawful Non-Citizens' under the Migration Act 1958 (Cth)." Thesis, 2002. http://hdl.handle.net/2440/50067.
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Immigration detention in Australia - consistency with international prohibition on arbitrary detention. Consequences in Australia of international illegality. Scope of Commonwealth legislative power, relevant limitations on legislative power.Introduction Chapter i: Immigration detention under international law Chapter ii: International human rights law in Australia Chapter iii: Australian constitutional law Conclusion Bibliography
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Nofil, Brianna. "Detention Power: Jails, Camps, and the Origins of Immigrant Incarceration, 1900-2002." Thesis, 2020. https://doi.org/10.7916/d8-shd7-6m38.
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“Detention Power” asks how immigrant incarceration became a critical tool in constructing American sovereignty, and how the federal government convinced local governments, businesses, and communities to become collaborators in immigration policing. It illustrates how the U.S. immigration service built both ideological and economic relationships with municipalities, enabling the federal government to jail thousands of migrants awaiting hearings and deportations long before the advent of federal immigration detention centers in 1980. As early as 1900, the immigration service relied on an expansive system of contracts with county sheriffs to “board out” immigrants in county jails. Towns capitalized on these contracts by expanding their jails and, in some cases, building separate “migrant jails” to secure federal detainees, effectively transforming incarcerated migrants into local commodities. I trace the immigration service’s use of jails from the era of Chinese Exclusion to the era of ICE, looking to rural communities throughout the country that became the unlikely hubs of incarceration for immigrants and refugees from Asia, Latin America, the Caribbean, and beyond. This work challenges the historiography which has identified immigration detention as a product of the Cold War era, influenced by the law-and-order movement of the late twentieth century. It is among the first work to center the role of local politics in the rise of the deportation state, arguing that though immigration regulation was a federal responsibility, deportations were impossible to carry out without local cooperation and local jails.
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CHOU, CHIH-JIAN, and 周志堅. "Deploying Ibeacon Technology In Maintenance Of Institution Safty- A Case Study Of Yilan Detention Center National Immigration Agency." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/u4x3gz.
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碩士醒吾科技大學
資訊科技應用系
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The research makes the use of the characteristic of iBeacon system and applies it to maintenance of institution safety in Yilan Immigration Agency,bringing the effectiveness of improving institution safety into full play.Through the research of the management of safety of the institution, we found the current situation and virtual problems of institution safety.We provide the suggestion and the ways of improving for the institution,helping it to carry out every plan of institution safety.Setting up comprehensive system of management of safety,we show overall function of prevention of danger.We prevent similar cases of previous accidents from happening to make sure that the work unit has its efficiency of operating of organizations.To make the institution safety achieve perfect protection,we should establish excellent safe sheltered environment and definite regulations of management to promote the staff's concept of rule of law and humane care.On the other hand, we should remove dangerous factors that could affect the safety of the institution to improve the staff's safety in every activity.We could also carry out training in classes of management and supplement female staff to be easier to manage.Tutors also show the function of caring the people in the shelter,and every equipment in the shelter is improved gradually. If the research could be reviewed and carried out,it could make Yilan Shelter's institution safety achieve perfect protection.
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Tay, Roanna. "Caught in a gap? An examination and human rights assessment of immigration detention laws and practices in South Africa." Thesis, 2013. http://hdl.handle.net/10539/12578.
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Abstract: This study examines the laws and practices relating to immigration detention in
South Africa. It provides an in-depth examination of the legislation, with reference to known
state practices and cases where migrants have been subjected to prolonged and repeated
periods of immigration detention. The study highlights gaps in South African law that
contribute to certain categories of migrants being especially vulnerable to immigration
detention. Four categories are identified: (1) asylum seekers; (2) persons with difficulty
obtaining travel documents; (3) stateless person; and (4) persons subject to other prohibitions
against refoulement. The study offers recommendations for legislative reforms to fill the
gaps in the law that contribute to these migrants’ vulnerability to immigration detention
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Sun, Shou-Yu, and 孫壽雨. "Study on the Removal Performance of National Immigration Agency Based on Balanced Scorecard –A Case of Taipei Detention Center." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/t8aa5m.
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Hernandez, Christine Elyse. "Comparative analysis of policies and practices of border control and the detention of illegal immigrants in the United States and the European Union." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-298540.
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Illegal immigration has been a major topic of concern in the last few years in both the United States and the European Union; the policies and practices of border control and the use of detention have often been the center for political debate. Assessing the policies in the United States and the European Union in regards to how 'liberal' each are carried out through practice provides insight to the disparity between policy and practice. The thesis analyzes and compares the discourse used written into the policies, official government guidelines, and reports which focus on the approval and criticism of how the polices are put into practice through the United States and European Union government agencies; whist providing data on recent illegal immigrant trends along the U.S.-Mexican border, as well as the Greek-Turkish border. The results discovered conclude that the European Union writes more 'liberal' discourse into their policy and government guidelines than the United States; the European Union illustrates more concern for fundamental individual rights while carrying out practice along the borders; but is falling short in ensuring that Member States (such as Greece) carry out other policy areas up to European Union standards, in this case the use of detention. The implications of the thesis offer...
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Wainer, D. "Beyond the wire : Levinas vis-à-vis Villawood : a study of Emmanuel Levinas's philosophy as an ethical foundation for asylum seeker policy." Thesis, 2010. http://hdl.handle.net/10453/20325.
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University of Technology, Sydney. Faculty of Arts and Social Sciences.‘Beyond the Wire’ accounts for the seeker of asylum who unwittingly becomes entangled in the Australian detention regime. This thesis provides a lens through personal visits to Villawood Detention Centre—1999–2004—for studying the interpersonal and intrapersonal experiences behind the wire. Midrashim developed through a framework of Emmanuel Levinas’s philosophy reveal dialogic relationships in the visitors yard of surveillance. When interpreted through the multiple layers of the researcher–author’s Midrashim, boundaries are collapsed, disclosing spaces and lacunae. People detained are not victims in these relationships, and power dynamics shift between the free and the locked up. The Midrash Social Research Methodology extends the boundaries of qualitative research methods, offering a new pathway for knowledge creation, which in this thesis is the in-between. During the decade 1999–2009 the Australian Government’s response to people seeking asylum reflected an uncoupling of the letter of the law from the spirit of the law. This thesis argues for a paradigm encompassing ethics more than politics and law with which to conceive and receive the 21st-century refugee.
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"From Exclusion to State Violence: The Transformation of Noncitizen Detention in the United States and Its Implications in Arizona, 1891-present." Doctoral diss., 2018. http://hdl.handle.net/2286/R.I.49244.
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abstract: This dissertation analyzes the transformation of noncitizen detention policy in the United States over the twentieth century. For much of that time, official policy remained disconnected from the reality of experiences for those subjected to the detention regime. However, once detention policy changed into its current form, disparities between policy and reality virtually disappeared. This work argues that since its inception in the late nineteenth century to its present manifestations, noncitizen detention policy transformed from a form of exclusion to a method of state-sponsored violence. A new periodization based on detention policy refocuses immigration enforcement into three eras: exclusion, humane, and violent. When official policy became state violence, the regime synchronized with noncitizen experiences in detention marked by pain, suffering, isolation, hopelessness, and death. This violent policy followed the era of humane detentions. From 1954 to 1981, during a time of supposedly benevolent national policies premised on a narrative against de facto detentions, Arizona, and the broader Southwest, continued to detain noncitizens while collecting revenue for housing such federal prisoners. Over time increasing detentions contributed to overcrowding. Those incarcerated naturally reacted against such conditions, where federal, state, and local prisoners coalesced to demand their humanity. Yet, when taxpayers ignored these pleas, an eclectic group of sheriffs, state and local politicians, and prison officials negotiated with federal prisoners, commodifying them for federal revenue. Officials then used federal money to revamp existing facilities and build new ones. Receiving money for federal prisoners was so deeply embedded within the Southwest carceral landscape that it allowed for private prison companies to casually take over these relationships previously held by state actors. When official policy changed in 1981, general detentions were used as deterrence to break the will of asylum seekers. With this change, policy and reality melded. No longer needing the pretext of exclusionary rationales nor the fiction of humane policies, the unencumbered state consolidated its official detention policy with a rationale of deterrence. In other words, violence. Analyzing the devolution of noncitizen detention policy provides key insights to understanding its historical antecedents, how this violent detention regime came to be within the modern carceral state, and its implications for the mass incarceration crisis.Dissertation/Thesis
Doctoral Dissertation History 2018
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Thwaites, Rayner Bartholomew. "Judicial Responses to the Indefinite Detention of Non-citizens Subject to Removal Orders: A Comparative Study of Australia, the United Kingdom and Canada." Thesis, 2010. http://hdl.handle.net/1807/26248.
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In the period 2004-2007, the highest courts of Australia, the United Kingdom and Canada handed down judgments on the legality of the indefinite detention of non-citizens, specifically non-citizens subject to a removal order whose removal was frustrated. Each of the governments claimed that its intention to remove the non-citizens if and when it became viable to do so sufficed to establish that their detention fell within an ‘immigration’ exception to non-citizens’ rights. The cases thus raised fundamental questions about the relationship between non-citizens’ rights and governments’ power to control national borders.
I argue that the indefinite detention of a non-citizen subject to a removal order is illegal. The detention of a non-citizen subject to a removal order is lawful if it can be justified as a proportionate measure to effect his or her removal. Indefinite detention fails this proportionality test and as such is an unlawful violation of a non-citizen’s rights. I develop my argument through case studies from the three jurisdictions.
I argue that the law of all three jurisdictions contained ample resources to support a ruling that indefinite detention was unlawful. The question then arises as to why this view did not prevail in every jurisdiction. I demonstrate that, taking into account variations in legal frameworks and doctrines, a judge’s response to indefinite detention is at base determined by his or her answer to the question ‘does a non-citizen, against whom a valid removal order has been made, retain a right to liberty?’ The judge’s answer to this question flows through his or her adjudication on the scope of ‘immigration’ exceptions to legal protections of the personal liberty of non-citizens considered in the case studies.
I consider the best justification for the view that a removal order revokes a non-citizen’s right to liberty, provided by John Finnis. I argue that it rests on questionable understandings of citizenship, and in operation inevitably undermines the values of community solidarity it seeks to promote.