Journal articles on the topic 'Immigration Detention'
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1
Bosworth, Mary. "Immigration detention." Criminal Justice Matters 71, no. 1 (March 2008): 24–25. http://dx.doi.org/10.1080/09627250801937611.
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Gilman, Denise, and Luis A. Romero. "Immigration Detention, Inc." Journal on Migration and Human Security 6, no. 2 (June 2018): 145–60. http://dx.doi.org/10.1177/2331502418765414.
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This article addresses the influence of economic inequality on immigration detention. The US Department of Homeland Security (DHS) detains roughly 350,000 migrants each year and maintains more than 30,000 beds each day. This massive detention system raises issues of economic power and powerlessness. This article connects, for the first time, the influence of economic inequality on system-wide immigration detention policy as well as on individual detention decisions. The article begins with a description of the systemic impact that for-profit prisons have had on the federal immigration detention system, by promoting wide-scale detention. The resulting expansion of detention has led to ever-increasing profitability for the private for-profit prison sector, which allows the companies to exercise even more influence over policymakers to achieve yet higher levels of detention. The influence of wealthy private prison corporations also affects the very nature of immigration detention, leading to the use of jail-like facilities that are the product offered by the private prison industry. The article then describes the mechanisms by which economic inequality dictates the likelihood and length of detention in individual cases. The detention or release decisions made by DHS in individual cases must account for the need to keep numerous detention beds full to satisfy the contracts made with powerful private prison companies. DHS regularly sets bond amounts at levels that are not correlated to flight risk or danger, but rather to the length of time that the individual must be held in detention to keep the available space full. The article presents data, obtained from immigration authorities, regarding detention and bond patterns at a specific detention center that demonstrate this point. The research finds an inverse relationship between the number of newly arriving immigrants in the detention center and the bond amounts set by US Immigration and Customs Enforcement (ICE). During times when new arrivals were few, the amount required to be released from detention on bond was high; during times when there were many new arrivals, bond amounts were reduced or set at zero. The article also presents another way in which economic inequality affects the likelihood of detention at the individual level. Release and detention are largely controlled through the use of monetary bond requirements, which must be paid in full. The regular use of financial bonds as the exclusive mechanism for release means that those migrants who are most able to pay are most likely to be released, without regard to their likelihood of absconding or endangering the community. Wealth thus determines detention rather than an individualized determination of the necessity of depriving an individual of liberty. The article urges that the role of economic inequality in immigration detention raises troubling issues of democratic governance and the commodification of traditional governmental functions. The current system also leads to an unjustifiable redistribution of wealth from the poor to the rich. Looking at immigration detention through the lens of economic inequality offers new lines of theoretical inquiry into immigration detention. It connects the discussion of immigration detention to scholarly critiques of for-profit prisons and the privatization of state security functions more generally. It also brings a new perspective to prior work in the immigration and criminal justice contexts, questioning the fairness and utility of requiring payment of monetary bonds to obtain liberty from detention. The article concludes with recommendations for reform. These reforms would help to sideline the influence of economic inequality in immigration detention decision making.
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Spena, Alessandro. "Resisting Immigration Detention." European Journal of Migration and Law 18, no. 2 (June 17, 2016): 201–21. http://dx.doi.org/10.1163/15718166-12342099.
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The aim of this article is to provide a normative analysis of the ways in which immigrants resist immigration detention. After having outlined (in Section 2) some general features that make immigration detention a rather abnormal condition for human beings to be kept in, I distinguish three main forms of resistance to it: institutionalized, non-institutionalized, and anti-institutional. I first spell out, in Section 3, some individual characteristics of these forms of resistance. Then (in Sections 4 and 5), using Italy as my test case, I suggest, for each of these forms, an interpretation of their normative meaning (that is, their meaning according to both the relevant legal rules and their underlying social values): under this perspective, I argue that they represent one of the few ways irregular immigrants have to try to assert their existence and to negotiate some space within our societies. I conclude the article by presenting some comments on the effectiveness of the immigrants’ resistance to detention (Section 6).
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Breuls, Lars. "Understanding immigration detention." Journal of Organizational Ethnography 9, no. 2 (December 26, 2019): 129–42. http://dx.doi.org/10.1108/joe-01-2019-0003.
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Purpose A reflexive ethnographic account of the practical and emotional challenges encountered by the researcher during fieldwork is too often separated from the analytical research results, which, as argued by this paper, downplays or even ignores the analytical value of the encountered challenges. Drawing on personal examples from ethnographic research in immigration detention, the purpose of this paper is to show that these challenges have an intrinsic analytical value. Design/methodology/approach Ethnographic research was carried out in two immigration detention centres in Belgium and one in the Netherlands. Observations, informal conversations with detainees and staff, and semi-structured interviews with detainees were triangulated. Extracts from fieldnotes are presented and discussed to demonstrate the analytical value of the challenges experienced during fieldwork. Findings Three important challenges are presented: distrust from organisational gatekeepers and research participants, disruptions of the organisational routines, and witnessing and experiencing feelings of powerlessness. The analytical value of these challenges is strongly connected to theoretical and analytical themes that emerged during the research. Originality/value Ethnographic researchers are encouraged to explicitly treat the reflexive accounts of practical and emotional challenges as “data in itself” and as such nested within their analytical results.
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Cornelisse, Galina. "Inside Immigration Detention." Journal of Borderlands Studies 33, no. 4 (January 10, 2017): 669–71. http://dx.doi.org/10.1080/08865655.2016.1257367.
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Phillips, Christine B. "Immigration detention and health." Medical Journal of Australia 192, no. 2 (January 2010): 61–62. http://dx.doi.org/10.5694/j.1326-5377.2010.tb03417.x.
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Salsabiil, Cinde, Dwi Nuryani, and Happy Herlambang. "Immigration Detention Supervision Urgency." Journal of Law and Border Protection 1, no. 1 (May 28, 2019): 35–49. http://dx.doi.org/10.52617/jlbp.v1i1.155.
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World War II was a war between the Allied Powers and the Axis Powers, both of which had extraordinary military power. Seeing the post-World War II conditions, many people lost their homes and families so that in order to realize human rights, the international community agreed to form the United Nations (UN) or the United Nations (UN) with the aim of strengthening international cooperation and preventing conflicts. upcoming conflict. In terms of protecting refugee rights, the United Nations established the legal basis for the Geneva Convention 1951 which is a guideline for the international community in providing protection for refugees. Australia was one of the countries that took part in ratifying the Geneva convention of 1951, while Indonesia was not one of the countries that ratified the convention. However, due to the geographic location of Indonesia as opposed to Australia, Indonesia has had the impact, namely the number of asylum seekers waiting for their refugee status and some of them are not clear because they are not included in the category of refugees by UNHCR. So that the author will explain how important the supervision of refugees in Indonesia is by the Immigration Detention Center or often referred to as Rudenim. In the Duties and Functions of Rudenim there is already a supervisory function but the subject of such supervision is detainees, while in Presidential Regulation No. 125 of 2016 concerning the Handling of Refugees from Abroad, Rudenim has the duty to supervise refugees in Indonesia, so that there are discrepancies between the regulations of the Rudenim Administration and the legal basis governing the handling of these refugees.
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Sifris, Adiva. "Children in Immigration Detention." Alternative Law Journal 29, no. 5 (October 2004): 212–21. http://dx.doi.org/10.1177/1037969x0402900501.
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Sifris, Adiva, and Tania Penovic. "Children in Immigration Detention." Alternative Law Journal 29, no. 5 (October 2004): 217–21. http://dx.doi.org/10.1177/1037969x0402900502.
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Groves, Matthew. "Immigration Detention vs Imprisonment." Alternative Law Journal 29, no. 5 (October 2004): 228–34. http://dx.doi.org/10.1177/1037969x0402900505.
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Torrey, Philip. "Rethinking Immigration’s Mandatory Detention Regime: Politics, Profit, and the Meaning of “Custody”." University of Michigan Journal of Law Reform, no. 48.4 (2015): 879. http://dx.doi.org/10.36646/mjlr.48.4.rethinking.
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Immigration detention in the United States is a crisis that needs immediate attention. U.S. immigration detention facilities hold a staggering number of persons. Widely believed to have the largest immigration detention population in the world, the United States detained approximately 478,000 foreign nationals in Fiscal Year 2012. U.S. Immigration and Customs Enforcement (ICE), the agency responsible for immigration enforcement, boasts that the figure is “an all-time high.” In some ways, these numbers are unsurprising, considering that the United States incarcerates approximately one in every one hundred adults within its borders—a rate five to ten times higher than any other Westernized country. An immigration law, known as the mandatory detention statute, is partially to blame for this recordbreaking immigration detention population. Under this law, facilities may hold noncitizens without providing them an opportunity to ask for release.
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Ryo, Emily, and Ian Peacock. "Beyond the Walls: The Importance of Community Contexts in Immigration Detention." American Behavioral Scientist 63, no. 9 (March 22, 2019): 1250–75. http://dx.doi.org/10.1177/0002764219835269.
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Immigration detention facilities are commonly assumed to be insulated microcosms that maintain their existence separate and apart from the surrounding communities. Yet detention facilities are not hermetically sealed institutions. Drawing on unique and comprehensive data pertaining to all individuals held in immigration detention in the United States in fiscal year 2015, this study explores for the first time the importance of community contexts in immigration detention. Our multivariable analyses show a significant relationship between the characteristics of communities in which the facilities are located and detention length for individuals who were released pending the completion of their removal proceedings. Specifically, we find that the presence of legal service providers and social support networks in the communities is associated with shorter detention length, controlling for a variety of individual characteristics and contextual factors. These findings highlight the need for research on the social ecology of immigration detention—research that moves beyond the walls of detention facilities to consider the broader legal, social, and political contexts of surrounding communities in investigating the nature and consequences of immigration detention.
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Lopez, William D., Nolan Kline, Alana M. W. LeBrón, Nicole L. Novak, Maria-Elena De Trinidad Young, Gregg Gonsalves, Ranit Mishori, Basil A. Safi, and Ian M. Kysel. "Preventing the Spread of COVID-19 in Immigration Detention Centers Requires the Release of Detainees." American Journal of Public Health 111, no. 1 (January 2021): 110–15. http://dx.doi.org/10.2105/ajph.2020.305968.
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Immigration detention centers are densely populated facilities in which restrictive conditions limit detainees’ abilities to engage in social distancing or hygiene practices designed to prevent the spread of COVID-19. With tens of thousands of adults and children in more than 200 immigration detention centers across the United States, immigration detention centers are likely to experience COVID-19 outbreaks and add substantially to the population of those infected. Despite compelling evidence indicating a heightened risk of infection among detainees, state and federal governments have done little to protect the health of detained im-migrants. An evidence-based public health framework must guide the COVID-19 response in immigration detention centers. We draw on the hierarchy of controls framework to demonstrate how immigration detention centers are failing to implement even the least effective control strategies. Drawing on this framework and recent legal and medical advocacy efforts, we argue that safely releasing detainees from immigration detention centers into their communities is the most effective way to prevent COVID-19 outbreaks in immigration detention settings. Failure to do so will result in infection and death among those detained and deepen existing health and social inequities.
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Nethery, A., B. Rafferty-Brown, and S. Taylor. "Exporting Detention: Australia-funded Immigration Detention in Indonesia." Journal of Refugee Studies 26, no. 1 (December 7, 2012): 88–109. http://dx.doi.org/10.1093/jrs/fes027.
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Castiglione, Débora. "Reconstructing the expansion and consolidation of immigration detention infrastructure in Greece (1993-2018)." REMHU: Revista Interdisciplinar da Mobilidade Humana 30, no. 64 (April 2022): 81–100. http://dx.doi.org/10.1590/1980-85852503880006406.
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Abstract Since the early 1990s, Greek migration policies have been characterized by limited pathways to regularization and relying heavily on immigration detention. Despite many studies about Greece’s legal framework, policies, and migration movements towards the country, immigration detention infrastructure received almost no attention in the literature. This study reconstructs the expansion of immigration detention in the country between 1993-2018. It uses a methodology based on an analysis of reports made by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), whose descriptions of facilities were systematized and georeferenced for a territorial and qualitative analysis. We find that the expansion of immigration detention infrastructure in the country occurred in three stages, corresponding to different spatial tactics of migration control. The results are discussed in light of the growing literature on immigration detention.
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Tsuchiya, Kazumi, Olivia Toles, Christopher Levesque, Kimberly Horner, Eric Ryu, Linus Chan, and Jack DeWaard. "Perceived structural vulnerabilities among detained noncitizen immigrants in Minnesota." PLOS ONE 16, no. 6 (June 9, 2021): e0252232. http://dx.doi.org/10.1371/journal.pone.0252232.
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Across several decades there has been an unprecedented increase in immigration enforcement including detention and deportation. Immigration detention profoundly impacts those experiencing detention and their family members. An emerging area of research has found that immigrants experience a number of challenges which constrain and limit their decisions, choices, and options for security and integration in the United States due to social, political and structural determinants. These determinants lead to greater structural vulnerabilities among immigrants. The purpose of the current study was to illuminate the perceived vulnerabilities of detained noncitizen immigrants as they are raised and described while attending case hearings at the Bloomington, Minnesota immigration court. Through conducting a thematic analysis of notes derived from third party immigration court observers, three areas of perceived vulnerability were identified. These perceived vulnerabilities include 1) migration and motivations to migrate, 2) structural vulnerabilities (e.g., discrimination, financial insecurity, social ties and family support, stable or fixed residence, English language proficiency, health and mental health) in the US, and 3) challenges in navigating immigration detention. These findings demonstrate that noncitizen immigrants who are undergoing immigration detention are experiencing multiple intersecting vulnerabilities which profoundly impact their lives. Collaborative efforts across sectors are needed to work towards comprehensive immigration reforms including both short-term and long-term solutions to address pressing issues for noncitizens undergoing immigration detention.
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Gerlach, Alice. "Women’s experiences of indignity in immigration detention and beyond." Incarceration 3, no. 2 (June 16, 2022): 263266632211034. http://dx.doi.org/10.1177/26326663221103437.
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In this article, I set out to define dignity in immigration detention and beyond. Throughout this piece, I will examine the role of dignity in detention, and the way in which the existence of ‘dignity’ in detention impacts on people when they are in detention and after they leave. Based on interviews and research with women who have experienced immigration detention in the United Kingdom, it is clear that this experience of indignity has had a lasting impact on women, causing them distress both in detention and after they leave. The key themes emerging out of this research into violations of dignity include vilification, lack of autonomy and ‘diminishment’. In light of this, I suggest that immigration detention is incompatible with the concept of dignity that has been defined by the women in this study.
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Gomez, Valeria, and Marcy L. Karin. "Menstrual Justice in Immigration Detention." Columbia Journal of Gender and Law 41, no. 1 (November 8, 2021): 123–32. http://dx.doi.org/10.52214/cjgl.v41i1.8826.
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The menstrual injustices experienced by noncitizens detained in immigration facilities – a particularly vulnerable subset of menstruators in carceral spaces – are largely ignored. Menstruating detainees are forced to rely on the immigration system to provide adequate access to menstrual products, and on detention facilities to engage in safe menstrual management and corresponding dignity. Unfortunately, the immigration system fails many detainees, and the defining characteristics of immigration detention— the lack of access to counsel and significant geographic and social isolation that people in custody face—exacerbate the problem. Despite these isolating factors, detainees are finding ways to share their struggles with menstrual injustices. This Essay aims to categorize, amplify, and contextualize these experiences, and the need for thoughtful reform.
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Tosh, Sarah R., Ulla D. Berg, and Kenneth Sebastian León. "Migrant Detention and COVID-19: Pandemic Responses in Four New Jersey Detention Centers." Journal on Migration and Human Security 9, no. 1 (March 2021): 44–62. http://dx.doi.org/10.1177/23315024211003855.
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On March 24, 2020, a 31-year-old Mexican national in Bergen County Jail, New Jersey, became the first federal immigration detainee to test positive for the novel coronavirus (COVID-19). By April 10, 2020, New Jersey had more confirmed COVID-19 cases among immigration detainees than any other state in the nation. This article examines the relationship between COVID-19 and processes of migrant detention and deportation through a case study of New Jersey — an early epicenter of the pandemic and part of the broader New York City metro area. Drawing on publicly available reports and in-depth interviews with wardens, immigration lawyers, advocates, and former detainees, we describe the initial COVID-19 response in four detention facilities in New Jersey. Our findings suggest that migrant detention and deportation present distinct challenges that undermine attempts to contain the spread of COVID-19. We provide testimonies from migrant detainees who speak to these challenges in unsettling personal terms. Our interviews highlight the insufficient actions by Immigration and Customs Enforcement (ICE) to contain the spread of the pandemic and a troubling lack of due process in immigration court proceedings. Based on these findings, we argue that reducing the number of migrants detained in the United States is needed not only in the context of the COVID-19 pandemic but also as a preventative measure for future health crises. Reductions can be achieved, in part, by reforming federal immigration laws on “mandatory detention.”
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Hermawan, M. Ridwan Ari, and Devina Yuka Utami. "Overload in Immigration Detention Houses." Journal of Law and Border Protection 2, no. 1 (May 26, 2020): 71–77. http://dx.doi.org/10.52617/jlbp.v2i1.184.
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Implementation of Standard Operating Procedure for Immigration Detention Center (Rudenim) is still not running smoothly or less effective. This is due to the confusion and contradictions in the statement of basic measures and policy objectives which have resulted in disciplinary regulations that intersect with Standard Operating Procedures regarding temporary exit permits for Deteni without escort. The level of supervision carried out by Rudenim is not optimal. The existing regulations have not been able to provide effective supervision so that violations may occur. If there is no current supervision of asylum seekers outside the shelter, it is possible that other bad things will happen, so there is a need for a good formulation of the Code of Conduct. And also the lack of rudenim at the Immigration Office in Indonesia which causes overload, resulting in unwanted cases.
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Ikegwuruka, Cosmas. "Immigration detention and liberal democracies." International Journal of Law and Management 60, no. 5 (September 10, 2018): 1126–47. http://dx.doi.org/10.1108/ijlma-06-2017-0139.
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Purpose Liberal democratic states have involved the use of private companies for purposes of detention and the debate is whether such involvement is only for immigration control or whether they are primarily for macro-economic benefits. This paper aims to present the argument that a State wishing to detain migrants must do so within the purview of immigration control and in conformity to international human rights standards rather than other latent reasons such as macro-economic benefits. The exponential growths of immigration detention over the years, this paper argues, smack of latent reasons with unarguably macro-economic benefits accruing to these States. Design/methodology/approach The methodology is doctrinal research focusing on immigration detention and privatization. Doctrinal research is library-based and reliance will be placed on primary and secondary materials such as legislations, case laws, soft laws on the one hand and textbooks, journals, articles, legal encyclopedia, databases and many valuable websites on the other hand. Findings Findings have been made of similarities in State practice between the UK, the USA and Australia and conclude that the trend is worrying given that privatization of the detention estate lends credence to the fact that growing international prison industry influences prison and detention policies. Research limitations/implications These have portent implications for the violations of the rights of detainees and weaken the protection of rights under international human rights law. Originality/value The originality of this paper lies in its ability to unravel the legitimacy of immigration detention in the face of privatization and macro-economic benefits accruing to States, thereby querying the availability of the rights of migrants within the remit of State practice.
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Triggs, Gillian. "Mental health and immigration detention." Medical Journal of Australia 199, no. 11 (December 2013): 721–22. http://dx.doi.org/10.5694/mja13.11369.
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Hart, Matthew. "Representing Immigration Detention and Removal." English Language Notes 49, no. 1 (March 1, 2011): 29–50. http://dx.doi.org/10.1215/00138282-49.1.29.
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Wilson, Robin. "Immigration detention in Northern Ireland." Criminal Justice Matters 83, no. 1 (March 2011): 8–9. http://dx.doi.org/10.1080/09627251.2011.550148.
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Williams, Lucy. "From immigration detention to destitution." Criminal Justice Matters 99, no. 1 (March 2015): 12–13. http://dx.doi.org/10.1080/09627251.2015.1026220.
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Van Der Woude, Maartje. "Mary Bosworth, Inside Immigration Detention." Punishment & Society 19, no. 5 (August 26, 2015): 617–21. http://dx.doi.org/10.1177/1462474515590714.
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Saadi, Altaf, and Lello Tesema. "Privatisation of immigration detention facilities." Lancet 393, no. 10188 (June 2019): 2299. http://dx.doi.org/10.1016/s0140-6736(19)30351-4.
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Chacon, J. M. "Immigration Detention: No Turning Back?" South Atlantic Quarterly 113, no. 3 (July 1, 2014): 621–28. http://dx.doi.org/10.1215/00382876-2692209.
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Peers, S. "Immigration Detention: Law, History, Politics." International Journal of Refugee Law 25, no. 1 (March 1, 2013): 193–94. http://dx.doi.org/10.1093/ijrl/eet009.
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Cheliotis, Leonidas K. "Introduction: Immigration detention around Europe." European Journal of Criminology 10, no. 6 (November 2013): 690–91. http://dx.doi.org/10.1177/1477370813497874.
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Silverman, Stephanie J., and Evelyne Massa. "Why Immigration Detention is Unique." Population, Space and Place 18, no. 6 (June 27, 2012): 677–86. http://dx.doi.org/10.1002/psp.1720.
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Ordaz, Jessica. "Migrant Detention Archives." Southern California Quarterly 102, no. 3 (2020): 250–73. http://dx.doi.org/10.1525/scq.2020.102.3.250.
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The impact of incarceration on the migrants in the federal immigration facility in El Centro, California, which operated from 1945 to 2014, is obscured by limited-access government records that emphasize the efficiency of the non-punitive immigration holding center. Direct observation revealed a restrictive environment, an authoritarian regime, and dehumanizing protocols. These discrepancies led to a search for information on the emotional impact of the facility on migrants incarcerated there. This required the collection of data from alternative sources, including interviews, private collections, photographs, activists’ correspondence, journalists’ investigations, and Mexican officials’ inquiries—an emotive archive.
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Nwadiuko, Joseph, Chanelle Diaz, Katherine Yun, Karla Fredricks, Sarah Polk, Sural Shah, Nandita Mitra, and Judith A. Long. "Adult hospitalizations from immigration detention in Louisiana and Texas, 2015–2018." PLOS Global Public Health 2, no. 8 (August 3, 2022): e0000432. http://dx.doi.org/10.1371/journal.pgph.0000432.
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Poor health conditions within immigration detention facilities have attracted significant concerns from policymakers and activists alike. There is no systematic data on the causes of hospitalizations from immigration detention facilities or their relative morbidity. The objective of this study, therefore, was to analyze the causes of hospitalizations from immigration detention facilities, as well as the percentage of hospitalizations necessitating ICU or intermediate-ICU (i.e, “step-down”) admission and the types of surgical and interventional procedures conducted during these hospitalizations. We conducted a cross-sectional study of statewide adult (age 18 and greater) hospitalization data, with hospitalizations attributed to immigration facilities via payor designations (from Immigration and Customs Enforcement) and geospatial data in Texas and Louisiana from 2015–2018. Our analysis identified 5,215 hospitalizations of which 887 met inclusion criteria for analysis. Average age was 36 (standard deviation, 13.7), and 23.6% were female. The most common causes of hospitalization were related to infectious diseases (207, 23.3%) and psychiatric illness (147, 16.6%). 340 (38.3%) hospitalizations required a surgical or interventional procedure. Seventy-two (8.1%) hospitalizations required ICU admission and 175 (19.5%) required intermediate ICU. In this relatively young cohort, hospitalizations from immigration detention were accompanied with significant morbidity. Policymakers should mitigate the medical risks of immigration detention by improving access to medical and psychiatric care in facilities.
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Wood, Laura C. N. "Impact of punitive immigration policies, parent-child separation and child detention on the mental health and development of children." BMJ Paediatrics Open 2, no. 1 (September 2018): e000338. http://dx.doi.org/10.1136/bmjpo-2018-000338.
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In April 2018, the US government introduced a ‘zero tolerance’ illegal immigration control strategy at the US-Mexico border resulting in the detention of all adults awaiting federal prosecution for illegal entry and the subsequent removal of their children to separate child shelters across the USA. By June 2018, over 2300 immigrant children, including infants, had been separated from their parents for immigration purposes. Media reports and scenes of distraught families ignited global condemnation of US immigration policy and fresh criticism of immigration detention practices.Detention of children for immigration purposes is known to be practised in over 100 countries worldwide, despite a significant body of research demonstrating the extensive harm of such policies. This review explores and contextualises the key potential impacts of family separation and detention of children for immigration purposes including damaged attachment relationships, traumatisation, toxic stress and wider detrimental impacts on immigrant communities. As such, it is critical for host nation governments to cease the practice of family separation and child detention for immigration control and promote postmigration policies that protect children from further harm, promote resilience and enable recovery.
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Peterie, Michelle. "Technologies of control: Asylum seeker and volunteer experiences in Australian immigration detention facilities." Journal of Sociology 55, no. 2 (September 3, 2018): 181–98. http://dx.doi.org/10.1177/1440783318796301.
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This article documents the experiences of volunteer visitors to Australia’s onshore immigration detention facilities, and considers what they reveal about the operation of power within this detention network. While immigration detention systems (including Australia’s) have received considerable academic attention in recent years, few scholars have examined the experiences of volunteers. Further, while the existing scholarship points to the negative impacts of immigration detention on detainees, the question of how these outcomes are produced at the level of daily institutional life has gone largely unanswered. The testimonies presented here provide a valuable window onto daily life in Australia’s onshore immigration detention centres, highlighting the opaque and capricious mechanisms through which they produce emotional distress in both asylum seekers and their supporters. In documenting these mechanisms and their effects, this article shows how ‘deterrence’ is enacted through the small and seemingly innocuous details of institutional life.
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Turnbull, Sarah. "Living the spectre of forced return: negotiating deportability in British immigration detention." Migration Studies 7, no. 4 (July 17, 2018): 513–32. http://dx.doi.org/10.1093/migration/mny024.
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Abstract Immigration detention and deportation are being increasingly utilised in many countries as key state responses to irregular migration. These practices work together to force migrants to their countries of origin or third countries, offering limited choice about whether to stay or leave. Drawing on a multi-sited ethnographic study of British immigration detention, this paper explores how detainees negotiate deportability and their accounts of the spectre of departing the United Kingdom, often against their wishes and occasionally by force. It analyses how deportability and the institutional structures and logics of immigration detention coalesce to shape detainees’ understandings of their positions and options as deportable subjects. The paper highlights the materiality of return from immigration detention and the complexities and multiplicities of how detainees account for their possible departures in relation to the themes of identity, belonging, and home. British immigration removal centres can be understood as ‘sites of struggle’ in which those subject to detention and deportation negotiate these interconnected practices, acting as best they can within coercive and isolating carceral institutions.
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Ryo, Emily. "Understanding Immigration Detention: Causes, Conditions, and Consequences." Annual Review of Law and Social Science 15, no. 1 (October 13, 2019): 97–115. http://dx.doi.org/10.1146/annurev-lawsocsci-101518-042743.
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During the summer of 2018, the US government detained thousands of migrant parents and their separated children pursuant to its zero-tolerance policy at the United States–Mexico border. The ensuing media storm generated unprecedented public awareness about immigration detention. The recency of this public attention belies a long-standing immigration enforcement practice that has generated a growing body of research in the past couple of decades. I take stock of this research, focusing on the causes, conditions, and consequences of immigration detention in the United States. I also discuss critical tasks for future research, including ( a) examining the role of local governments, the private prison industry, and decision makers responsible for release decisions in maintaining the detention system; ( b) extending the field of inquiry to less-visible detainee populations and detention facility guards and staff, for a fuller understanding of detention conditions; and ( c) investigating not only direct but also indirect consequences of detention.
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Gómez Cervantes, Andrea, Cecilia Menjívar, and William G. Staples. "“Humane” Immigration Enforcement and Latina Immigrants in the Detention Complex." Feminist Criminology 12, no. 3 (March 13, 2017): 269–92. http://dx.doi.org/10.1177/1557085117699069.
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We explore the criminalization of Latina immigrants through the interwoven network of social control created by law, the justice system, and private corporations—the immigration industrial complex. Considerable scholarly research has focused on understanding the overtly coercive practices of deportation and the consequences for families and communities; less attention has been devoted to the social control mechanisms of detention facilities and “Alternative to Detention Programs” (ATD programs) operating in the United States. We know relatively little about the consequences for immigrant populations, especially of the purported “humane” practices in the enforcement apparatus. Based on existing documents produced by governmental offices, including Department of Homeland Security, Immigration and Customs Enforcement, Border Patrol, Government Accountability Office, nonprofit organizations, advocacy groups, and private correctional facilities, we conducted semistructured interviews with 11 immigration lawyers who have access to women who are and/or have been detained, are in supervised ATD programs, are/were in deportation proceedings, or attempt(ed) to claim asylum. An examination of immigration confinement, especially the laws and policy decisions behind the exponential increase in these detentions, reveals important gender dynamics in these practices. The subtle and benevolence-signaling discourse evoking “family,” “motherhood,” and the care of children masks the harsh “business as usual” tactics that treat women and their children in ways indistinguishable from those used in the criminal justice system. We contend that this feminized and infantilized language functions to conceal widespread civil and human rights violations, physical and sexual violence, and mistreatment reproduced by the immigration detention system today.
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Orozco-Aleman, Sandra, and Heriberto Gonzalez-Lozano. "Immigration Enforcement, Deterrence, and Crime." AEA Papers and Proceedings 110 (May 1, 2020): 430–35. http://dx.doi.org/10.1257/pandp.20201115.
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Does interior enforcement selectively deter Mexican migration? Our study shows that more aggressive enforcement increases the likelihood of having immigrants with US work experience and with jobs secured in the United States before their migration. We also look at whether having employment may be associated with lower crime incidence and shorter detention periods among immigrants. We find that employment decreases the likelihood of observing immigrants committing serious crimes and on the length of immigrant detention. By attracting quality workers, enforcement might decrease crime incidence, along with the length and costs of detention of removable immigrants in the United States.
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Barde, Robert, and Gustavo J. Bobonis. "Detention at Angel Island." Social Science History 30, no. 1 (2006): 103–36. http://dx.doi.org/10.1017/s0145553200013407.
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Between 1910 and 1940 the Angel Island Immigration Station was the primary port of entry for Asians into the United States, the place of enforcement of the Chinese Exclusion Act and other anti-Asian immigration policies. Even in the absence of substantiating data, it is frequently asserted that almost all entering Chinese were detained at Angel Island and that they were detained for weeks, months, even years. This article presents the first empirical evidence on how long people arriving at San Francisco were detained at the Angel Island Immigration Station. The use of newly discovered data on passengers of the Pacific Mail Steamship Company (PMSS) for the period 1913-19 adds an empirical basis to our understanding of how immigration laws were administered in classifying and detaining aliens seeking to enter the United States, which arrivals were detained at Angel Island, and for how long. Results show that many Chinese were not detained at all; there was great variation in length of detention for Chinese who were detained; only some of this variation can be explained by the type of “exempt” status claimed for admission under the Chinese exclusion laws; Japanese arrivals had an even higher incidence of detention; and many detainees were either non-Asian, had come on ships from Central or South America, or were not “immigrants” at all.
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Mares, Sarah, Louise Newman, Michael Dudley, and Fran Gale. "Seeking Refuge, Losing Hope: Parents and Children in Immigration Detention." Australasian Psychiatry 10, no. 2 (June 2002): 91–96. http://dx.doi.org/10.1046/j.1440-1665.2002.00414.x.
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Objective: To record observations made by the authors on a series of visits between December 2001 and March 2002 to two of Australia's immigration detention centers and to consider the mental health consequences of Australia's policy of mandatory immigration detention of asylum seekers for families and children. Conclusions: Parents and children in immigration detention are often vulnerable to mental health problems before they reach Australia. Experiences in prolonged detention add to their burden of trauma, which has an impact not only on the individual adults and children, but on the family process itself. Immigration detention profoundly undermines the parental role, renders the parent impotent and leaves the child without protection or comfort in already unpredictable surroundings where basic needs for safe play and education are unmet. This potentially exposes the child to physical and emotional neglect in a degrading and hostile environment and puts children at high risk of the developmental psychopathology that follows exposure to violence and ongoing parental despair. Psychiatrists have a role in advocating for appropriate treatment of these traumatized and vulnerable parents and children.
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Ahmed, Saba, Adina Appelbaum, and Rachel Jordan. "The Human Cost of IIRIRA —Stories from Individuals Impacted by the Immigration Detention System." Journal on Migration and Human Security 5, no. 1 (March 2017): 194–216. http://dx.doi.org/10.1177/233150241700500110.
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The 1996 passage of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) has had a devastating impact on immigrants who are detained, indigent, and forced to face deportation proceedings without representation (pro se). In the past 20 years, immigration detention has grown exponentially and a criminal–immigration detention–deportation pipeline has developed as a central function of the immigration system. Despite the growing specter of the “criminal alien” in the American psyche, there is little public knowledge or scrutiny of the vast immigration detention and deportation machine. Enforcement of IIRIRA has effectively erased human stories and narrowed immigration debates to numbers and statistics. The five vignettes below tell the stories of individuals who have personally experienced the impact of IIRIRA. Part 1 describes the on-the-ground reality of a state public defender's obligations and struggles to defend immigrants from harsh consequences of criminal convictions. Part 2 provides the perspective of an indigent immigrant fighting his deportation pro se. Part 3 describes a nonprofit immigration attorney's challenges in providing legal services to detained immigrants. Part 4 is a glimpse into the brisk pace of an immigration judge's detained docket. Part 5 tells the story of a detained immigrant's family member and the many hoops she must jump through to ensure he has a fighting chance in immigration court. Collectively, these vignettes provide a realistic picture of the immigration detention experience, revealing the human cost of IIRIRA.
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Campesi, Giuseppe. "The Reinvention of Immigration Detention in Italy in the Aftermath of the “Refugee Crisis”: A Study of Parliamentary Records (2013–2018)." Refugee Survey Quarterly 39, no. 3 (September 1, 2020): 381–403. http://dx.doi.org/10.1093/rsq/hdaa012.
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Abstract The aim of this article is to explore the peculiarity of Italian policies on immigration detention and their evolution over time. This will be done by highlighting the main factors that might explain the apparent political disinvestment in immigration detention in Italy, in particular in the years between 2013 and 2015, and account for the turnaround in approach announced and then implemented by the two Interior Ministers in charge between 2017 and 2019. The article uses the Italian case as an opportunity to explore the functions that are assigned to immigration detention in destination countries. In particular, it considers whether or not it can be argued that immigration detention in Italy has been “reinvented” (meaning that its functions have somewhat changed) as a consequence of the so-called “refugee crisis” and in light of Italy’s specific position in the contemporary geopolitics of the EU’s border control regime.
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Griffiths, Melanie. "Living with Uncertainty." Journal of Legal Anthropology 1, no. 3 (September 1, 2013): 263–86. http://dx.doi.org/10.3167/jla.2013.010301.
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Immigration detention is a central tenet of the British government’s response to immigration but remains under-theorised in academia. This article uses testimonies drawn from anthropological research conducted with detainees at an Immigration Removal Centre to examine lived experiences of immigration detention and explore the relationships between detainees and the British state. It suggests that despite being a space of extreme control (both in terms of legislation and daily practice), immigration detention is beset with uncertainty and confusion. Examples are given of chronic instability in relation to mobility, violent ‘incidents’, time frames and access to information. The article examines the repercussions of such instability on individuals and coping strategies employed. It argues that immigration detainees live in a context of continual crisis, in which profound uncertainty becomes normalised. This disorder should be understood as a technique of power, with governance through uncertainty constructing certain immigrants as expendable, transient and ultimately, deportable.
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SEYMOUR-BUTLER, AIDAN. "“Escaping the Sunken Place: indefinite detention, asylum seekers, and resistance in Yarl’s Wood IRC”." Denning Law Journal 31, no. 1 (January 3, 2020): 167–86. http://dx.doi.org/10.5750/dlj.v31i1.1674.
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The Law Society has recently raised concerns about the UK’s migration system, stating that ‘failures in UK immigration and asylum undermine the rule of law’. Nowhere are those problems more apparent than in the UK’s handling of migrants and asylum seekers in detention centres. A particular recurring issue that speaks to the Law Society’s concern is the absence of a defined time limit for immigration detention. The possibility of indefinite detention has been a source of tension both within British politics, and within UK immigration detention centres. An example of this can be understood with reference to the Yarl’s Wood Immigration Removal Centre (IRC) in Bedfordshire, known for its controversial and rebellious past. In 2015 Nick Hardwick, a former chief prisoner inspector, labelled the Centre a place of ‘national concern’, after examining the mistreatment of vulnerable detainees. Yarl’s Wood’s problematic history, seems to have continued into the present, following a detainee led hunger strike that resulted in ‘renewed concerns’ over health care in detention centres. In addition to protesting the standard of medical treatment received by detainees, the strikers’ underlying focus was on indefinite detention. The Home Office’s response to these strikes was unsympathetic, it sent a letter to detainees suggesting that their continued participation in the strike may in fact result in their removal being accelerated. Although, the hunger strike ended in March 2018 the Home Office’s response to the strike raised some interesting legal and philosophical questions about human rights and resistance in detention centres. In order to grapple with some of these issues, this paper has been separated into two parts. The first part will attempt to contextualise the existing immigration regime and explore how legal disputes might fit within the broader scheme of opposing indefinite detention. It will also briefly examine the legal challenges that may arise from the use of threats of accelerated deportations.
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Puthoopparambil, Soorej Jose, Beth Maina Ahlberg, and Magdalena Bjerneld. "“A prison with extra flavours”: experiences of immigrants in Swedish immigration detention centres." International Journal of Migration, Health and Social Care 11, no. 2 (June 15, 2015): 73–85. http://dx.doi.org/10.1108/ijmhsc-10-2014-0042.
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Purpose – The immigration detention environment largely influences the health and well-being of detainees by either aggravating medical conditions or contributing to new illness. There is limited research on how detainees experience and try to cope with this environment. The purpose of this paper is to describe experiences of detainees in Swedish immigration detention centres. Design/methodology/approach – Semi-structured interviews were conducted in three detention centres with a total of 21 detainees who had been detained for at least two weeks. Interview transcripts were analysed using thematic analysis. Findings – The detainees likened immigration detention to imprisonment. They experienced lack of control over their life situation mainly through arbitrary restrictions and lack of proper response from authorities making it appear futile to seek help. This perceived lack of control forced them into passivity. Differences in amenities provided in the centres were observed and some of these were reported to assist in making detention more bearable. Research limitations/implications – This study provides only one stakeholder perspective. The perspectives of other stakeholders, such as detention staff, health care professionals and volunteers must be explored to improve understanding and mitigate the effects of detention. Originality/value – Irrespective of the better standards of detention in Sweden, the detainees considered detention as imprisonment affecting their health and well-being. If states deem detention to be necessary, improved staff-detainee interaction should be ensured through proper staff training, arbitrary restrictions within detention should be avoided and health care services should be improved.
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Messing, Ariella J., Rachel E. Fabi, and Joanne D. Rosen. "Reproductive Injustice at the US Border." American Journal of Public Health 110, no. 3 (March 2020): 339–44. http://dx.doi.org/10.2105/ajph.2019.305466.
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The detention of immigrants inside US borders is not a new phenomenon. However, a dramatic shift has occurred in both the number and treatment of immigrants in detention. We examine recent changes in immigration policies that have systematized the mistreatment of children and pregnant immigrants, including a ban on abortion for unaccompanied minors in immigration detention, the neglect and mistreatment of pregnant immigrants in detention, and the separation and prolonged detention of parents and children in unsafe facilities. We employ the reproductive justice framework to demonstrate how these policies violate all 3 primary values of reproductive justice: the right to have children, the right not to have children, and the right to parent children in safe and secure environments. We argue that, when analyzed through the lens of reproductive justice, these policies can be seen as manifestations of a single targeted strategy to control the reproductive autonomy of migrants as a tool of immigration enforcement. We conclude with a call to action to the public health community.
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Juárez, Melina, Bárbara Gómez-Aguiñaga, and Sonia P. Bettez. "Twenty Years after IIRIRA: The Rise of Immigrant Detention and its Effects on Latinx Communities across the Nation." Journal on Migration and Human Security 6, no. 1 (January 2018): 74–96. http://dx.doi.org/10.1177/233150241800600104.
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This paper studies the dynamics of detention, deportation, and the criminalization of immigrants. We ground our analyses and discussion around the Illegal Immigration Reform and Immigrant Responsibility Act of 1996's (IIRIRA's) detention mandate, the role of special interest groups and federal policies. We argue that these special interest groups and major federal policies have come together to fuel the expansion of immigrant detention to unprecedented levels. Moreover, we aim to incite discussion on what this rapid growth in detention means for human rights, legislative representation and democracy in the United States. This study analyzes two main questions: What is the role of special interests in the criminalization of immigrants? And does the rapid increase in detention pose challenges or risks to democracy in the United States? Our study is grounded within the limited, yet growing literature on immigrant detention, government data, and “gray” literature produced by nonprofits and organizations working on immigration-related issues. We construct a unique dataset using this literature and congressional reports to assess what factors are associated with the rise of immigrant detention. A series of correlations and a time series regression analysis reveal that major restrictive federal immigration policies such as IIRIRA, along with the increasing federal immigration enforcement budget, have had a significant impact on immigrant detention rates. Based on these findings, we recommend three central policy actions. First, the paper recommends increased transparency and accountability on behalf of the Department of omeland Security, Immigration and Customs Enforcement, and on lobbying expenditures from for-profit detention corporations. Second, it argues for the repeal of mandatory detention laws. These mandatory laws have led to the further criminalization and marginalization of undocumented immigrants. And lastly, it argues that repeal of the Congressional bed mandate would allow for the number of detainees to mirror actual detention needs, rather than providing an incentive to detain. However, we anticipate that the demand for beds will increase even more given the current administration's push for the criminalization and increased arrests of undocumented individuals. The rhetoric used by the present administration further criminalizes immigrants. 1
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Dorling, Kamena. "Ending age-disputed detention." Children and Young People Now 2015, no. 6 (March 17, 2015): 27. http://dx.doi.org/10.12968/cypn.2015.6.27.
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Campesi, Giuseppe, and Giulia Fabini. "Immigration Detention as Social Defence: Policing ‘Dangerous Mobility’ in Italy." Theoretical Criminology 24, no. 1 (July 10, 2019): 50–70. http://dx.doi.org/10.1177/1362480619859350.
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Drawing on an empirical study, this article explores the role of immigration detention in Italy by analysing the way a specific rhetoric of ‘dangerousness’ has developed and is being used within the framework of immigration enforcement policies. Our argument is that immigration detention has been transformed into an instrument of crime prevention and ‘social defence’, and that this transformation is fuelled by the central position that the legal categories of ‘risk’ and ‘danger’ have assumed in the regulation of the return procedure. The article contends that immigration law enforcement agencies can make use of immigration detention as a flexible control tool to manage what are perceived as the most problematic populations in urban areas, thus practising a policy of selective enforcement that while not explicitly built along racial and ethnic lines, clearly discriminates among migrants according to their ‘social marginality’ or supposed ‘social dangerousness’.