Literatura académica sobre el tema "Alien detention centers"

The citizen creates the alien. The apparatus of citizenship establishes the criteria to determine who should be counted as undocumentable and therefore alien to lawful existence in this geographical territory. Detention centers extend the carceral imagination that subtends the modern state, which has claimed ownership of a particular land and has established a legal framework to criminalize and punish peoples who are categorized as threats to its vision for society. This paper tracks with Scriptural theologies that inform mechanisms of enslavement, the shadow side of citizenship. The United States is a project in social engineering, in population control, invested in registering and monitoring and relocating human life—all of which resonate with political trajectories outlined in biblical texts. The Scriptures are not salvific on their own terms. A liberative theology begins with a political commitment of solidarity. In this paper the detention center becomes a site from which to understand the carceral power that creates the world—a political landscape echoing with biblical theologies.

The purpose of this study is to analyze the law enforcement process, obstacles in supervision and law enforcement against criminal acts of violation of residence permits for foreign nationals in Class II TPI Belawan Immigration Offices. The research method used is an empirical legal research method. Empirical legal research is carried out by collecting primary data as the first source by going through empirical results obtained through interviews with the Head of Class II Immigration Office TPI Belawan. This research is a descriptive analysis which is analyzed qualitatively. Based on the results of this study, enforcement of foreign nationals who abuse their residence permits in the Belawan area in 2022 will be subject to Immigration Administration Actions in the form of prevention and deterrence, detention, delegation of detention centers and deportations. In the process of detaining foreign nationals prior to deportation, rights are given according to their basic daily needs. Obstacles in general are unresponsive coordination with embassies, minimal human resources for both immigration officials and PPNS in terms of supervision and law enforcement and relatively long time in completing case files. In particular, there are frequent tidal floods, unstable electrical voltage, and buildings that can be said to be unfit. Supporting factors are the presence of TIMPORA (Foreigner Monitoring Team); There is APOA (Alien Reporting Application).

<p style="text-align: justify;">The article discusses the personality traits and their psychological correction in convicts addicted to drugs, who are serving sentences in Corrective Colony No.1 of the Federal Penitentiary Service of Russia in the Udmurt Republic. During the course of an empirical study, it was found that drug-addicted convicts have a high level of addictive behaviours, tend to seek sensations, avoid a realistic perception of reality, are characterized by a high level of the functioning of psychological defenses, the destruction of family and interpersonal relationships, however, at the same time, they have a high adaptation to places of detention. In accordance with order No. 52-r of the Federal Penitentiary Service of Russia of February 21, 2018, a departmental program of social and psychological work is being tested in institutions of the penitentiary system in relation to drug addicts held in detention centers and correctional institutions. On the basis of the identified personality traits, psycho-correctional work was carried out with drug-addicted convicts in a strict regime corrective facility. The results obtained make it possible to identify positive personal changes in convicts after the application of the psycho-correction program, which in general contributes to their better preparation for life in freedom.</p>

Each year the Dutch authorities categorize scores of people as being “out of procedure” (uitgeprocedeerd). These are mostly “failed asylum seekers” who have exhausted all legal appeals in search of regularizing their status in the Netherlands. Out-of-procedure subjects, or OOPSs, have no formal rights and receive no state provision. They must leave the country voluntarily within one month or risk deportation. Many OOPSs who spent weeks or even months in Dutch detention centers are eventually released onto the streets, as the authorities cannot manage to deport them. This article interrogates the production and treatment of OOPSs as nonexistent human beings who are no longer considered by the state as “aliens” but merely as illegalized bodies. This intriguing case of the state deserting certain people within its sovereign territory is realized through a process of derecording OOPSs and formally pretending that they are not part of the governed population.

Abstract The exceptional use of criminal law to achieve migration policy objectives has been a reality in Spain since the first Aliens Law was passed in 1985. Since then, academia has warned about the discriminatory and exclusionary effects of this confluence. This paper critically analyses a series of exceptional Spanish criminal and migration policy measures aimed at criminalising certain population movements. The aim is to show the mechanisms used by criminal justice in Spain to manage human mobility from the perspective of border criminology. Among other things, I will analyse (1) ‘hot returns’ and (2) racial profiling in police stops, both as police reactions. I will also study (3) the expulsion of convicted foreigners and (4) criminal records as a migration control strategy and, finally, the deprivation of liberty for migration control purposes, such as (5) detention centres for migrants and (6) prison release strategies. The aim is to show that Spanish penal policy, taken in a broad sense as all eminently criminal measures and those where criminal law and immigration law converge, has as its main objective to socially render harmless (innocuousation) foreign suspects, convicts and ex-convicts in Spain with different and exceptional measures that push them to the margins of society.

The cultural diversity of people serving custodial sentences in Poland is an issue that requires intensive research and analysis. In theory, the number of foreigners in Polish prisons might not seem great enough to warrant the interest of either researchers or practitioners. There are said to be around 500 such people (in custody and provisional detention) annually in a population of approx. 80,000. It has to be borne in mind, however, that the presence of people with a completely alien, and therefore often incomprehensible, cultural code in such a closed environment as a penal institution poses a great challenge, despite their small numbers. This article discusses the results of research conducted on foreigners in selected Polish penal institutions in 2014. The methodology involved analysing case files and conducting in-depth interviews with Prison Service officials and employees as well as the foreign prisoners themselves. These examinations attempted to determine, inter alia, the extent to which the cultural differences that incarcerated foreigners bring with them affect the status of foreigners serving custodial sentences and the way penal institutions function, and how well adapted the Polish prison system is to dealing with people from other cultures. One of the aspects discussed is the issue of accommodating foreigners given custodial sentences. This is analysed from the standpoint of possible cultural differences. According to the current legislation, foreigners are subject to the same rules as Polish prisoners when serving their sentences. The officials who were interviewed stressed that the rules for accommodating foreigners in detention centres and penal institutions are no different from those that apply to Poles – and nor should they be. As the interview progressed, however, these same officials would give examples of situations where the cultural differences of incarcerated foreigners affected e.g. the way they were accommodated in their cells and certain additional difficulties they had in adapting and relating to the prison subculture. Therefore, in practice, despite the lack of regulations and/or recommendations from above, these officials are forced to respond to the additional challenges resulting from the fact that foreigners do not speak Polish and exhibit behavioural patterns that differ to a greater or lesser extent from the norm. The experience and “penitentiary intuition” of the official actually turned out to be the only guide in these situations. The attitude of the foreign inmates themselves is no less important for the proper functioning of a penal institution. The examination shows that most of them are not looking for extra hassles but are trying to serve their sentences with as little trouble as possible. In view of the above, it would seem legitimate to argue that the main reason for there not being greater problems with foreigners in Polish prisons is that there are so few of them.

AbstractRecently, the Biden administration banned federal agencies from using the phrase “illegal alien,” replacing it with a less dehumanizing expression (e.g., noncitizen, undocumented immigrant, etc.). This article delves into the origins of the alien reference by surveying the case of the DREAMers—a small subset of immigrants brought to the United States as children. Designated as aliens in the broader immigration context, the DREAMers epitomize a problematic narrative depicting the overall “otherness” as deep‐seated in America. I impose Agamben‘s image of the homo sacer onto the conceptualization of otherness to frame the DREAMers as alienated (exempted from the limits of the political state), waiting to enter society through formal legislation. Critically examining the narratives of policy makers in Congress, I study how political elites use language to reinforce existing power structures. In the two‐decade attempt of Congress to resolve the DREAMers‘ marginalized status, they are infantilized and, hence, stigmatized anew.Related ArticlesDuman, Yoav H. 2014. “Reducing the Fog? Immigrant Regularization and the State.” Politics & Policy 42(2): 187–220. https://doi.org/10.1111/polp.12065.Garrett, Terence M. 2020. “The Security Apparatus, Federal Magistrate Courts, and Detention Centers as Simulacra: The Effects of Trump‘s Zero Tolerance Policy on Migrants and Refugees in the Rio Grande Valley.” Politics & Policy 48(2): 372–35. https://doi.org/10.1111/polp.12348.Garrett, Terence M., and Arthur J. Sementelli. 2022. “COVID‐19, Asylum Seekers, and Migrants on the Mexico–U.S. Border: Creating States of Exception.” Politics & Policy 51(3): 872–86. https://doi.org/10.1111/polp.12484.

While Young Adult dystopian texts commonly manipulate expectations of time and space, it is largely in a linear sense—projecting futuristic scenarios, shifting the contemporary reader into a speculative space sometimes only slightly removed from contemporary social, political, or environmental concerns (Booker 3; McDonough and Wagner 157). These concerns are projected into the future, having followed their natural trajectory and come to a dystopian present. Authors write words and worlds of warning in a postapocalyptic landscape, drawing from and confirming established dystopian tropes, and affirming the activist power of teenage protagonists in cultivating change. This article examines the intersections between dystopian Young Adult literature and Indigenous Futurisms, and the possibilities for sharing or encoding Indigenous Knowledge through the disruption or revision of genre, where the act itself become a movement of activism and survival echoed in text. Lynette James acknowledges the “ruptures” (157) Indigenous authors have made in the genre through incorporating Indigenous Knowledge into story as an embedded element – not only of narrative, but of structure. Ambelin Kwaymullina, of the Palyku people of the Pilbara region of Western Australia, exemplifies this approach in her disruption or rupture of the dystopian genre in her embodiment of Indigenous Knowledge in the Young Adult (YA) text The Interrogation of Ashala Wolf. Kwaymullina centres Indigenous Knowledge throughout the trilogy, offering a powerful revision of key tropes of the dystopian YA genre, creating a perspective that privileges Indigenous Knowledge. This is most significantly identified through her depiction of time as a non-linear concept, at once realised narratively, conceptually, and structurally in the text. The Interrogation of Ashala Wolf, the first of a trilogy of novels in “The Tribe” series, presents a futuristic post-apocalyptic world, set 300 years after the Reckoning, a cataclysmic environmental disaster. The protagonist, Ashala Wolf, is one of a number of people with supernatural abilities that are outlawed by their government and labelled Illegals. As the novel begins, Ashala is being interrogated by the villainous Neville Rose, held in a detention centre as she plots to escape, free her fellow detainees, and return to the Tribe in the Firstwood. The plot draws from historical and contemporary parallels in Australia, yet part of the text’s subversive power is that these parallels and connections are never made explicit on the page. The reader is invited to become an active participant in coding meaning by applying their own understandings of the context and connections, creating an inter-subjective dialogue between reader and text, and Indigenous and non-Indigenous knowing. This article looks to the first novel in the trilogy as the key exemplifier of the disruption of genre and knowledge through the representation of time. It is in this novel that these concepts are established and realised most clearly, being predominantly from Ashala’s perspective as a direct descendant of Indigenous Australians, with the following two novels divided between Ashala, Georgie, and Ember as polyphonic narrative focalisers. Acting as an introduction to the series, The Interrogation of Ashala Wolf presents a foundation for readers to challenge their perceptions on both genre and knowledge. Kwaymullina entangles the two, imbuing knowledge throughout narrative and structure which in turn disrupts genre. In her revisioning of narrative through genre and structural focus of time as a non-linear concept, Kwaymullina puts into practice Conrad Scott’s argument that “the potential healing of moments or processes of crisis in Indigenous dystopias is never possible without a strategic engagement with narrative itself, and even the formal aspects of the text” (73).While the series fits the conventions of the dystopian genre, it has been more commonly identified as speculative fiction, or Indigenous futurism, as Kwaymullina herself defines her work. James notes the significance of acknowledging a text as Indigenous futurism, writing, “identifying a work as Indigenous futurism rather than simply as YA dystopia asks readers, critics, and scholars to adjust their orientation in ways that may radically alter both their perception and reception of it” (153). For the purposes of this article, I acknowledge the clear value and importance of identifying the text as Indigenous futurism, but also find value in the movements that define the shift from dystopian literature to Indigenous futurism, in its engagement with and recasting of dystopian conventions in the text. In embedding Indigenous Knowledge in her worldbuilding and narrative, Kwaymullina actively rewrites dystopian expectations and tropes. These notions would be expected or normalised when grounded in Indigenous futurism, but are regarded as a subversion and revision when read in dystopian fiction. The text engages directly with the specific tropes and expectations of dystopian genre—its significance in rewriting the spaces, narratives, and structures of the genre cannot be overstated. The employment of the dystopian genre as both framework and space of revision speaks to larger debates of the value of dystopian fiction in examining socio-cultural issues over other genres such as realism. Critics argue the speculative nature of dystopian fiction that remains linked to concerns of the present and past allows audiences to envision and experience their own transformative experience, effecting political change (Kennon; Mallan; Basu, Broad, and Hintz; Sypnowich). Balaka Basu, Katherine Broad, and Carrie Hintz argue that serious issues presented in fantastic futuristic scenarios “may provide young people with an entry point into real-world problems, encouraging them to think about social and political issues in new ways, or even for the first time” (4-5). Kerry Mallan notes the “ability of dystopian fiction to open up to readers a dystopian social elsewhere serves a double function: On the one hand, it offers readers an opportunity to reflect on their current existence to compare the similarities and differences between the real and the fictional; on the other, these stories implicitly exhort young people to take responsibility for their own lives and the future of society” (16). Drawing on these metanarrative structures with the interweaving of Indigenous knowledge increases the active responsibility for the reader. It invokes Nnedi Okorafor’s labelling of Indigenous Futurisms as “the most truthful way of telling the truth” (279), creating opportunities for the Indigenous and non-Indigenous reader to engage with narratives of a real apocalypse on invaded land. The dystopian setting and expectations form a buffer between reader and text (Basu, Broad, and Hintz 4), making the narrative more accessible to the reader without shying away from the embedded trauma, while drawing on dystopian fiction’s balance of despair and optimism (Basu, Broad, and Hintz 2).The stakes and value of dystopian fiction are heightened when engaging with Indigenous narratives and knowledge; as Claire Coleman (a Noongar woman from the south coast of Western Australia) notes, Indigenous Australians live in a post-apocalyptic state as “all Aboriginal and Torres Strait Islander people alive today are the descendants of people who survived an apocalypse” (n.p.). James, quoting Uppinder Mehan, concurs, writing “these narrators are ‘survivors—or the descendants of survivors’ [162], not just of broken dystopian worlds or post-cataclysmic events but of the real historical legacies of slavery, conquest, and oppression” (157). Writing on Indigenous futurisms in dystopian and utopian fiction, Mary Morrison argues “people outside Western hegemonic power structures would likely be well-placed to transform the utopian imagination, to decolonize it” (11), acknowledging the significance in the intersection of genre and lived experience by author and character.Kwaymullina expands on this, noting that for Indigenous authors the tropes of speculative fiction are familiar lived experiences. She writes thatmany of the ideas that populate speculative-fiction books – notions of time travel, astral projection, speaking the languages of animals or trees – are part of Indigenous cultures. One of the aspects of my own novels that is regularly interpreted as being pure fantasy, that of an ancient creation spirit who sung the world into being, is for me simply part of my reality. (“Edges” 27)Kwaymullina affirms Coleman and James in her approach, writing “Indigenous people lived through the end of the world, but we did not end. We survived by holding on to our cultures, our kin, and our sense of what was right in a world gone terribly wrong” (“Edges” 29). The Tribe series demonstrates survivance, with Kwaymullina’s approach forming possibilities for intersubjective dialogues across genre. The concept is reinforced through Ashala’s repeated, joyful cries of hope throughout the text: “I live! We live! We survive!” (197, 200, 279, 391).Sara K. Day, Miranda A. Green-Barteet, and Amy L. Montz note dystopian literature considers possible futures from the outlook and failures of the present (8), arguing “the label ‘dystopia’ typically applies to works that simultaneously imagine futures and consider the present, essentially occupying a liminal space between these times” (Day, Green-Barteet, and Montz 9). This sense of liminality is heightened with the engagement of time from an Indigenous perspective; as Scott writes, “Indigenous dystopian fiction presents not only the crisis of the future but the ongoing crisis of the present time, and that which is still resonant from the past” (73). In “Respect, Relationships, Renewal: Aboriginal Perspectives on the Worlds of Tomorrow”, Kwaymullina notes that linear time can “become a tool of ideology, with colonial characterisations of Indigenous peoples as being of an earlier (less ‘advanced’) time through the use of terms such as ‘primitive’, ‘prehistoric’ and ‘prehistory’” (“Respect” 126).In shifting to a dystopian world where Australia as a colonised or invaded country is no longer recognised, but Country is still alive and read by those who live on it, Kwaymullina recasts the use of linear time as a tool of ideology to reaffirm Coleman’s argument that Indigenous Australians already exist in a post-apocalyptic state. She draws from the past and present and casts it into the future, while simultaneously recognising that all three are linked and circular—events are repeating and being relived. Kwaymullina depicts numerous parallels between the dystopian world and a post-invasion Australia, populating her world with references to detention centres; othering and distinct labelling of a vilified minority deemed a threat or aberrant to the majority colonising community; the name and title of the series’ central villain Chief Administrator Neville Rose in a clear reference to A.O. Neville, WA Chief Protector of Aborigines.At the outset, the government uses labels to separate and denigrate the Other—individuals with Abilities are called Illegals, distinct from Citizens, although they can apply for Exemptions if their Ability is deemed useful and passive. The terminology of Exemption draws deliberate connections to the Exemption Certificate Indigenous Australians could apply for from the Aborigines Protection (Amendment) Act 1943. The text consistently operates in modes of survivance, as Ashala and the Tribe redefine their world through a distinctly Indigenous perspective (Murphy 179). Ashala gains power through the tool used to suppress her by claiming and embracing this status, identifying her friends and herself as the Tribe and choosing a forest name emblematic of the totems that each Tribe member has a particular connection to (e.g. Georgie Spider, Ember Crow, Ashala Wolf). Continual parallels are drawn to Indigenous Knowledge: Ashala’s Ability is Sleepwalking, where she enters a state in dreaming where she can alter reality, a liminal space that suggests connections to the Dreamtime. While the land is no longer called or recognised as Australia, and the tectonic plates have shifted land mass, it remains Country, as recognised in Ashala’s relationship with the Firstwood. The Balance, the inherent harmony between all life, animate and inanimate, is a clear reflection of an Indigenous understanding, positioning it as the mainstream ideology.Kwaymullina weaves Indigenous knowledge through the text as demonstrated through narrative, key thematic concepts, and structure, disrupting the tropes of dystopian fiction in a manner that subverts genre and presents new possibilities for both reader and writer while presenting a shift to Indigenous Futurisms. As an organic by-product of this ideological framework, regressive or gendered tropes are re-envisioned as feminist and ecologically centred, ultimately conveying a sense of hope and survivance. Key tropes of YA dystopian fiction include a female teenager protagonist oppressed by her government, often initially unknowingly so embedded is she in the system, potentially profiting from it in some way. She is often introduced to the reader in a setting that the character initially reads as utopian, but is revealed to be dystopian and authoritarian in its construction. As identified by Ann M.M. Childs, a common dynamic in the genre that reinforces gender roles in heterosexual relationships see the protagonist introduced to the concept of rebellion or dissent through a male love interest already embedded in a resistance movement, at the cost of losing or betraying a female friend (188). Childs notes the protagonist may be resistant to the idea of rebellion, but after falling for the love interest, grows to genuinely care for the cause. Technology is depicted as advanced, alien or dehumanising, and both belongs to and represents the repressive society the protagonist seeks to escape and change. The natural environment is depicted in binary opposition, with characters finding resilience, freedom, and personal agency in a return to nature (McDonough and Wagner 157). Society will have attempted to restrict, destroy, or otherwise mine the natural world, but this attempt for control will inevitably fail or backfire. Initially the environment is displayed as a potentially antagonistic element, wild and dangerous; however, after the character escapes their confining world, it becomes an ally. In her employment of a perspective framed by Indigenous Knowledge, Kwaymullina subverts each of these established tropes, offering an alternative reading of conventions often embedded in the genre. Ashala is introduced as already entrenched in a rebellion that she is both leader and pivotal figure of. Inverting the dynamic outlined by Childs, she is love interest Connor’s motivation for rejecting the government and joining the Tribe: “You are the reason I came here, Ashala Wolf” (Kwaymullina 263). Kwaymullina dismisses Childs’ concern over the removal of female friendship in favour of heterosexual romance by centering Ashala’s relationships with Georgie and Ember as fundamental to Ashala’s well-being, where sistahood is a key paradigm of hope: “I carry my friends with me” (Kwaymullina 39). For Ashala and the Tribe, nature as exemplified through the Firstwood is Country, not only sanctuary but an animate being that Ashala speaks with, asks permission to live within, and offers protection and apology for the harm down to it by humans in the past. The privileging of environment, and reading all animate or inanimate beings as living, extends to challenging the nature/technology dichotomy. Even the static or sterile environments of the detention centres are recognised for their connection to nature in their construction from recycled materials: “Nothing ever truly ends, only transforms” (Kwaymullina 141). In “Learning to Read the Signs: Law in an Indigenous Reality”, Ambelin Kwaymullina and Blaze Kwaymullina write thatsince everything must interconnect and interrelate to survive, if a pattern is fixed in time, it loses its ability to dynamically connect with other patterns. To be temporally fixed is therefore to be isolated; frozen. In an Indigenous worldview, it is, in fact, an impossibility – for that which cannot move, cannot interact, and that which cannot interact is inanimate. And there is nothing inanimate in country. (200)This can be read as representative of Kwaymullina’s rupture or revision of dystopian tropes and genre. When tropes are read as static or absolute, they run the risk of freezing or limiting the knowledge encoded in these stories. By integrating Indigenous Knowledge, new patterns can emerge and interact, extending to the reader’s own understanding of genre, time, and epistemology. Kwaymullina’s revisioning of dystopian tropes through an embedded and celebrated Indigenous perspective culminates in the successful thematic, narrative, and structural expression of time as a non-linear concept. Kwaymullina and Kwaymullina acknowledge the division between the reductionist and linear perspective of time through a Western worldview in comparison to the non-linear perception from that of an Indigenous Australian worldview. They acknowledge that their expression of time is not to be read as representative of all Indigenous Australians’ perspective of time, but one informed by their own Country and upbringing. Kwaymullina and Kwaymullina write,in an Aboriginal worldview, time—to the extent that it exists at all—is neither linear nor absolute. There are patterns and systems of energy that create and transform, from the ageing process of the human body to the growth and decay of the broader universe. But these processes are not ‘measured’ or even framed in a strictly temporal sense, and certainly not in a linear sense. (199)This is enacted through the narrative structure of The Interrogation of Ashala Wolf. The text is set across four days, yet spans years, shifting through narrative in a non-linear manner and reflecting the Indigenous understanding of time as a circular, evolving concept. These four days act as the containers for the text, as Kwaymullina distinguishes the departure from linear time for the uninitiated reader by including headings and subheadings in chapter titles, marked as “Day One”, “Day Two”, “Day Three”, and “Day Four”, before the final section, “The Escape”. Within these containers, themselves marked linearly, narrative ebbs and flows across time and space, taking Ashala away from the Detention Centre to different moments from her past, spanning years. These ‘flashbacks’ are not presented in a linear fashion; the text revisits and repeats key moments of Ashala’s life out of sequence, providing an immediate focus on these seemingly past moments. This is key in shaping the reader’s understanding of “the patterns and systems of energy that create and transform” (Kwaymullina and Kwaymullina 199)—as Ashala revisits or rediscovers memory through time, perceptions of character, motive, relationships, and key plot points are changed and transformed. Meaning is formed through this relationship of narrative and time in a manner not possible through a linear structure. Over the course of the novel, Ashala and the reader find she’s chosen to give herself false memories to protect the Tribe and complete a master plan to defeat Neville Rose. As such, as the novel begins the reader, aligned with Ashala as narrative focaliser, is positioned to read key points through a flawed perspective. Connor is presented as an enemy and betrayer of the Tribe, while Ashala denies her feelings towards him. The reader is aligned with Ashala’s perspective—she has already fallen in love with Connor, but neither she nor the reader knows it due to the displacement of knowledge through narrative structure and memory. This also speaks to identity formation in the text—Ashala is herself, and not herself until the novel reaches full circle, and she and the reader have experienced multiple points of time. As Ember explains, “it’s not about losing small pieces of information. This stuff shapes your entire understanding of reality” (Kwaymullina 167). If the reader revisits the text with this knowledge, they find further value in exploring the non-linear, circular narrative, finding subtext in characters’ interactions and decisions. The disruption in the non-linear narrative structure is twofold: to reflect the representation of time in an Indigenous epistemology, further rewriting the genre; and to create an intersubjective dialogue. As such, the narrative structure creates a space of invitation to the reader. Rather than positioning Ashala as embedded and aware of her status as a custodian of Indigenous knowledge, the text places her as ingrained in Indigenous epistemology, but unaware of it. In this way, the text effectively invites the reader in, mirroring Ashala’s journey of (re)discovery. The non-Indigenous reader enters the text alongside Ashala, with Indigenous knowledge embedded subtly throughout the text echoed in Kwaymullina’s engagement with dystopian tropes, and integrated Indigenous epistemology. By the time Ashala meets the Serpent, her Grandfather, and has her ancestry explained to her, the reader has already been immersed in Ashala’s own way of thinking, an inherently Indigenous one; for instance, throughout the text, she acknowledges the value and interconnectedness of all beings, human and non-human, animate and inanimate. The text leaves space for the reader to be active in their own construction of meaning and knowledge by never using the terms “Indigenous” or “Aboriginal”, themselves colonial inventions employed to control and label. Instead, the reader is encouraged to engage in the metatextual intersubjective dialogue introduced by Kwaymullina to acknowledge Indigenous epistemology—but by way of her approach, Kwaymullina further encourages the reader to “forget Aborigines” (Healy 219) by centring knowledge in its own right, rather than in direct opposition to Western epistemologies. That is, Kwaymullina disrupts Western perspectives framing of Indigenous knowledge as “other”, altering expectations of the norm as non-Indigenous. As Kwaymullina writes, to conceive of time in a non-linear way is at once a great gift and a great responsibility. The responsibility is that our individual actions matter powerfully, radiating out across relationships and affecting all that might be thought of in a linear sense as past, present and future. But the gift is that the passage of linear time has never moved us so far that we cannot take meaningful action to heal the wounds of colonialism. (“Respect” 126-127)In The Interrogation of Ashala Wolf, Kwaymullina realises this gift and responsibility. By framing structural, conceptual, and narrative time through an Indigenous epistemology, Kwaymullina privileges Indigenous Knowledge and effectively subverts and revises the genre through the rupture of dystopian conventions. Possibilities of hope and healing emerge in the text’s construction of time and genre as spaces of growth and change are emphasised; like Ashala, the reader finds themselves at the end and beginning of the world at once.ReferencesBasu, Balaka, Katherine R. Broad, and Carrie Hintz, eds. Contemporary Dystopian Fiction for Young Adults: Brave New Teenagers. New York: Routledge, 2013. Booker, M. Keith. Dystopian Literature: A Theory and Research Guide. Westport, CT: Greenwood P, 1994. Bradford, Clare, et al. New World Orders in Children’s Literature: Utopian Transformations. New York: Palgrave Macmillan, 2011. Childs, Ann M.M. “The Incompatibility of Female Friendships and Rebellion.” Female Rebellion in Young Adult Dystopian Fiction. Eds. Sara K. Day et al. Farnham: Taylor & Francis, 2014. 187-201.Coleman, Claire G. “Apocalypses Are More than the Stuff of Fiction — First Nations Australians Survived One.” ABC News 8 Dec. 2017. 30 Sep. 2019 <https://www.abc.net.au/news/2017-12-08/first-nations-australians-survived-an-apocalypse-says-author/9224026>.Day, Sara K., Miranda A. Green-Barteet, and Amy L. Montz, eds. Female Rebellion in Young Adult Dystopian Fiction. Farnham: Taylor & Francis, 2014. Green-Barteet, Miranda A., and Meghan Gilbert-Hickey. “Black and Brown Boys in Young Adult Dystopias: Racialized Docility in ‘The Hunger Games Trilogy’ and ‘The Lunar Chronicles Feather Journal.’” Red Feather Journal 8.2 (2017). 30 Sep. 2019 <https://www.redfeatherjournal.org/volume-8-issue-2.html>.Harris, Anita. Future Girl: Young Women in the Twenty-First Century. New York: Routledge, 2004. Healy, Chris. Forgetting Aborigines. Sydney: U of NSW P, 2008.Hintz, Carrie, and Elaine Ostry, eds. Utopian and Dystopian Writing for Children and Young Adults. New York: Routledge, 2003.James, Lynette. “Children of Change, Not Doom: Indigenous Futurist Heroines in YA.” Extrapolation: A Journal of Science Fiction and Fantasy 57.1-2 (2016). 20 Sep. 2019 <https://online.liverpooluniversitypress.co.uk/doi/pdf/10.3828/extr.2016.9>.Kennon, Patricia. “‘Belonging’ in Young Adult Dystopian Fiction: New Communities Created by Children.” Papers: Explorations into Children's Literature 15.2 (2005). 28 Sep. 2019 <http://www.paperschildlit.com/pdfs/Papers_2005_v15no2_p40.pdf>.Kwaymullina, Ambelin. The Interrogation of Ashala Wolf. Newtown: Walker Books Australia, 2012.———. “Edges, Centres and Futures: Reflections on Being an Indigenous Speculative-Fiction Writer.” Kill Your Darlings 18 (2014): 22-33.———. “Respect, Relationships, Renewal: Aboriginal Perspectives on the Worlds of Tomorrow.” Westerly 64.1 (2019): 121-134. Kwaymullina, Ambelin, and Blaze Kwaymullina. “Learning to Read the Signs: Law in an Indigenous Reality.” Journal of Australian Studies 34.2 (2010). 21 Sep. 2019 <https://doi.org/10.1080/14443051003721189>.Mallan, Kerry. “Dystopian Fiction for Young People: Instructive Tales of Resilience.” Psychoanalytic Inquiry 37.1 (2017). 22 Sep. 2019 <https://doi.org/10.1080/07351690.2017.1250586>.McDonough, Megan, and Katherine A. Wagner. “Rebellious Natures: The Role of Nature in Young Adult Dystopian Female Protagonists’ Awakenings and Agency.” Female Rebellion in Young Adult Dystopian Fiction. Eds. Sara K. Day et al. Farnham: Taylor & Francis, 2014. 157-170.Montz, Amy L. “Rebels in Dresses: Distractions of Competitive Girlhood in Young Adult Dystopian Fiction.” Female Rebellion in Young Adult Dystopian Fiction. Eds. Sara K. Day et al. Farnham: Taylor & Francis, 2014. 107-121.Morrison, Mary. “Decolonizing Utopia: Indigenous Knowledge and Dystopian Speculative Fiction.” Dissertation. U of California, 2017.Murphy, Graham J. “For Love of Country: Apocalyptic Survivance in Ambelin Kwaymullina’s Tribe Series.” Extrapolation: A Journal of Science Fiction and Fantasy 57.1-2 (2016). 20 Sep. 2019 <https://online.liverpooluniversitypress.co.uk/doi/pdf/10.3828/extr.2016.10>.Okorafor, Nnedi. “Organic Fantasy.” African Identities 7.2 (2009). 22 Sep. 2019 <https://doi.org/10.1080/14725840902808967>.Scott, Conrad. “(Indigenous) Place and Time as Formal Strategy: Healing Immanent Crisis in the Dystopias of Eden Robinson and Richard Van Camp.” Extrapolation: A Journal of Science Fiction and Fantasy 57.1-2 (2016). 20 Sep. 2019 <https://online.liverpooluniversitypress.co.uk/doi/pdf/10.3828/extr.2016.6>.Sypnowich, Christine. “Lessons from Dystopia: Critique, Hope and Political Education.” Journal of Philosophy of Education 52.4 (2018). 22 Sep. 2019 <https://doi.org/10.1111/1467-9752.12328>.

If iconophobia is defined as the suspicion and anxiety towards the power exerted by images, its history is an ancient one in all of its Platonic, Christian, and Judaic forms. At its most radical, iconophobia results in an act of iconoclasm, or the total destruction of the image. At the other end of the spectrum, contemporary iconophobia may be more subtle. Images are simply withdrawn from circulation with the aim of eliminating their visibility. In his book Images in Spite of All, French art historian Georges Didi-Huberman questions the tradition of suspicion and denigration governing visual representations of the Holocaust, arguing we have abdicated our ethical obligation to try to imagine. This essay will argue that disruptions to traditional modes of spectatorship shift the terms of viewing from suspicion to ethical participation. By building on Didi-Huberman’s discussion of images and the spectatorial gaze, this essay will consider Laura Waddington’s 2002 documentary film Border. Waddington spent six months hiding with asylum seekers in the area surrounding the Red Cross refugee camp at Sangatte in northern France. I will argue that Waddington proposes a model of spectatorship that implicates the viewer into the ethical content of the film. By seeking to restore the dignity and humanity of the asylum seekers rather than viewing them with suspicion, Border is an acute reminder of our moral responsibility to bear witness to that which lies beyond the boundaries of conventional representations of asylum seekers.The economy managing the circulation of mainstream media images is a highly suspicious mechanism. After the initial process of image selection and distribution, what we are left with is an already homogenised collection of predictable and recyclable media images. The result is an increasingly iconophobic media gaze as the actual content of the image is depleted. In her essay “Precarious Life,” Judith Butler describes this economy in terms of the “normative processes” of control exercised by the mainstream media, arguing that the structurally unbalanced media representations of the ‘other’ result in creating a progressively dehumanised effect (Butler 146). This process of disidentification completes the iconophobic circle as the spectator, unable to develop empathy, views the dehumanised subject with increasing suspicion. Written in the aftermath of 9/11 and the ensuing War on Terror, Butler’s insights are important as they alert us to the possibility of a breach or rupture in the image economy. It is against Butler’s normative processes that Didi-Huberman’s critique of Holocaust iconoclasm and Waddington’s Border propose a slippage in representation and spectatorship capable of disrupting the homogeneity of the mass circulation of images.Most images that have come to represent the Holocaust in our collective memory were either recorded by the Nazis for propaganda or by the Allies on liberation in 1945. Virtually no photographs exist from inside the concentration camps. This is distinct from the endlessly recycled images of gaunt, emaciated survivors and bulldozers pushing aside corpses which have become critical in defining Holocaust iconography (Saxton 14). Familiar and recognisable, this visual record constitutes a “visual memory bank” that we readily draw upon when conjuring up images of the Holocaust. What occurs, however, when an image falls outside the familiar corpus of Holocaust representation? This was the question raised in a now infamous exhibition held in Paris in 2001 (Chéroux). The exhibition included four small photographs secretly taken by members of the Sonderkommando inside the Nazi extermination camp Auschwitz-Birkenau in August 1944. The Sonderkommando were the group of prisoners who were delegated the task of the day-to-day running of the crematoria. The photographs were smuggled out of the camps in a tube of toothpaste, and eventually reached the Polish Resistance.By evading the surveillance of the SS the photographs present a breach in the economy of Holocaust iconography. They exist as an exception to the rule, mere fragments stolen from beneath the all-seeing eye of the SS Guards and their watch towers. Despite operating in an impossible situation, the inmate maintained the belief that these images could provide visual proof of the existence of the gas chambers. The images are testimony produced inside the camp itself, a direct challenge to the discourse emphasising the prohibition of representation of the Holocaust and in particular the gas chambers. Figure 1 The Auschwitz crematorium in operation, photograph by Sonderkommando prisoners August 1944 © www.auschwitz.org.plDidi-Huberman’s essay marks a point of departure from the iconophobia which has stressed the unimaginable (Lanzmann), unknowable (Lyotard), and ultimately unrepresentable (Levinas) nature of the Holocaust since the 1980s. Denigrated and derided, images have been treated suspiciously by this philosophical line of thought, emphasising the irretrievable gap between representation and the Holocaust. In a direct assault on the tradition of framing the Holocaust as unrepresentable, Didi-Huberman’s essay becomes a plea to the moral and ethical responsibility to bear witness. He writes of the obligation to these images, arguing that “it is a response we must offer, as a debt to the words and images that certain prisoners snatched, for us, from the harrowing Real of their experience” (3). The photographs are not simply archival documents, but a testament to the humanity of the members of the Sonderkommando the Nazis sought to erase.Suspicion towards the potential power exerted by images has been neutralised by models of spectatorship privileging the viewer’s mastery and control. In traditional theories of film spectatorship, the spectator is rendered in terms of a general omnipotence described by Christian Metz as “an all-powerful position which is of God himself...” (49). It is a model of spectatorship that promotes mastery over the image by privileging the unilateral gaze of the spectator. Alternatively, Didi-Huberman evokes a long counter tradition within French literature and philosophy of the “seer seen,” where the object of the spectator’s gaze is endowed with the ability to return the gaze resulting in various degrees of anxiety and paranoia. The image of the “seer seen” recurs throughout the writing of Baudelaire, Sartre, Merleau-Ponty, Lacan, and Barthes, negating the unilateral gaze of an omnipotent spectator (Didi-Huberman, Ce que nous voyons).Didi-Huberman explicitly draws upon Jacques Lacan’s thinking about the gaze in light of this tradition of the image looking back. In his 1964 seminars on vision in the Four Fundamental Concepts of Psychoanalysis, Lacan dedicates several chapters to demonstrate how the visual field is structured by the symbolic order, the real, symbolic and the imaginary. Following Lacan, Didi-Huberman introduces two terms, the veil-image and the tear-image, which are analogous with Lacan’s imaginary and the real. The imaginary, with its connotations of illusion and fantasy, provides the sense of wholeness in both ourselves and what we perceive. For Didi-Huberman, the imaginary corresponds with the veil-image. Within the canon of Holocaust photography, the veil-image is the image “where nobody really looks,” the screen or veil maintaining the spectator’s illusion of mastery (81). We might say that in the circulation of Holocaust atrocity images, the veil serves to anaesthetise and normalise the content of the image.Lacan’s writing on the gaze, however, undermines the spectator’s mastery over the image by placing the spectator not at the all-seeing apex of the visual field, but located firmly within the visual field of the image. Lacan writes, “in the scopic field, the gaze is outside, I am looked at, that is to say, I am the picture...I am photo-graphed” (Lacan 106). The spectator is ensnared in the gaze of the image as the gaze is reciprocated. For Didi-Huberman, the veil-image seeks to disarm the threat to the spectator being caught in the image-gaze. Lacan describes this neutralisation in terms of “the pacifying, Apollonian effect of painting. Something is given not so much to the gaze as to the eye, something that involves the abandonment, the laying down, of the gaze” (101). Further on, Lacan expresses this in terms of the dompte-regarde, or a taming of the gaze (109). The veil-image maintains the fiction of the spectator’s ascendency by subduing the threat of the image-gaze. In opposition to the veil-image is the tear-image, in which for Didi-Huberman “a fragment of the real escapes” (81). This represents a rupture in the visual field. The real is presented here in terms of the tuché, or missed encounter, resulting in the spectator’s anxiety and trauma. As the real cannot be represented, it is the point where representation collapses, rupturing the illusion of coherency maintained by the veil-image. Operating as an exception or disruption to the rule, the tear-image disrupts the image economy. No longer neutralised, the image returns the gaze, shattering the illusion of the all-seeing mastery of the spectator. Didi-Huberman describes this tearing exception to the rule, “where everyone suddenly feels looked at” (81).To treat the Sonderkommando photographs as tear-images, not veil-images, we are offered a departure from classic models of spectatorship. We are forced to align ourselves and identify with the “inhuman” gaze of the Sonderkommando. The obvious response is to recoil. The gaze here is not the paranoid Sartrean gaze, evoking shame in the spectator-as-voyeur. Nor are these photographs reassuring narcissistic veil-images, but will always remain the inimical gaze of the Other—tearing, ripping images, which nonetheless demand that we do not turn away. It is an ethical response we must offer. If the power of the tear-image resides in its ability to disrupt traditional modes of representation and spectatorship, I would like to discuss this in relation to Laura Waddington’s 2004 film Border. Waddington is a Brussels based filmmaker with a particular interest in documenting the movement of displaced peoples. Just as the Sonderkommando photographs were taken clandestinely from beneath the gaze of the SS, Waddington evaded the surveillance of the French police and helicopter patrols as she bore witness to the plight of asylum seekers trying to reach England. Border presents her stolen testimony, operating outside the familiar iconography of mainstream media’s representation of asylum seekers. If we were to consider the portrayal of asylum seekers by the Australian media in terms of the veil-image, we are left with a predictable body of homogenised and neutralised stock media images. The myth of Australia being overrun by boat people is reinforced by the visual iconography of the news media. Much like the iconography of the Holocaust, these types of images have come to define the representations of asylum seekers. Traceable back to the 2001 Tampa affair images tend to be highly militarised, frequently with Australian Navy patrol boats in the background. The images reinforce the ‘stop the boats’ rhetoric exhibited on both sides of politics, paradoxically often working against the grain of the article’s editorial content. Figure 2 Thursday 16 Apr 2009 there was an explosion on board a suspected illegal entry vessel (SIEV) 36 in the vicinity of Ashmore Reef. © Commonwealth of Australia 2011Figure 3 The crew of HMAS Albany, Attack One, board suspected illegal entry vessel (SIEV) 38 © Commonwealth of Australia 2011 The media gaze is structurally unbalanced against the suffering of asylum seekers. In Australia asylum seekers are detained in mandatory detention, in remote sites such as Christmas Island and Woomera. Worryingly, the Department of Immigration maintains strict control over media representations of the conditions inside the camps, resulting in a further abstraction of representation. Geographical isolation coupled with a lack of transparent media access contributes to the ongoing process of dehumanisation of the asylum seekers. Judith Butler describes this as “The erasure of that suffering through the prohibition of images and representations” (146). In the endless recycling of images of leaky fishing boats and the perimeters of detention centres, our critical capacity to engage becomes progressively eroded. These images fulfil the function of the veil-image, where nobody really looks as there is nothing left to see. Figure 4 Asylum seekers arrive by boat on Christmas Island, Friday, July 8, 2011. AAP Image/JOSH JERGA Figure 5 Woomera Detention Centre. AAP Image/ROB HUTCHISON By reading Laura Waddington’s Border against an iconophobic media gaze, we are afforded the opportunity to reconsider this image economy and the suspicious gaze of the spectator it seeks to solicit. Border reminds us of the paradoxical function of the news image—it shows us everything, but nothing at all. In a subtle interrogation of our indifference to the existence of asylum seekers and their suffering, Border is a record of the six months Waddington spent hidden in the fields surrounding the French Red Cross camp at Sangatte in 2002. Sangatte is a small town in northern France, just south of Calais and only one and a half hours’ drive from Paris. The asylum seekers are predominantly Afghan and Iraqi. Border is a record of the last stop in their long desperate journey to reach England, which then had comparatively humane asylum seeking policies. The men are attempting to cross the channel tunnel, hidden in trucks and on freight trains. Many are killed or violently injured in their attempts to evade capture by the French police. Nevertheless they are sustained by the hope that England will offer them “a better life.” Figure 6 Still from Border showing asylum seekers in the fields of Sangatte ©Laura Waddington 2002Waddington dedicates the film, “for those I met.” It is an attempt to restore the humanity and dignity of the people who are denied individual identities. Waddington refuses to let “those who I met” remain nameless. She names them—Omar, Muhammad, Abdulla—and narrates their individual stories. Border is Waddington’s attempt to return a voice to those who have been systematically dehumanised, by-products of wars in Iraq and Afghanistan. In his classic account of documentary, Bill Nichols describes six modes of documentary representation (99–138). In Border, Waddington is working in the participatory mode, going into the field and participating in the lives of others (115). It is via this mode of representation that Waddington is able to heighten the ethical encounter with the asylum seekers. Waddington was afforded no special status as a filmmaker, but lived as a refugee among the asylum seekers during the six months of filming. At no point are we granted visible access to Waddington, yet we are acutely aware of her presence. She is physically participating in the drama unfolding before her. At times, we become alert to her immediate physical danger, as she too runs through the fields away from the police and their dogs.The suspicious gaze is predicated on maintaining a controlled distance between the spectator and the subject. Michele Aaron (82–123) has recently argued for a model of spectatorship as an intrinsically ethical encounter. Aaron demonstrates that spectatorship is not neutral but always complicit—it is a contract between the spectator and the film. Particularly relevant to the purposes of this essay is her argument concerning the “merging gaze,” where the gaze of the filmmaker and spectator are collapsed. This has the effect of folding the spectator into the film’s narrative (93). Waddington exploits the documentary medium to implicate the spectator into the structure of the film. It is in Waddington’s full participatory immersion into the documentary itself that undermines the conventional distance maintained by the spectator. The spectator can no longer remain neutral as the lines of demarcation between filmmaker and spectator collapse.Waddington was shooting alone with a small video camera at night in extremely low-light conditions. The opening scene is dark and grainy, refusing immediate entry into the film. As our eyes gradually adjust to the light, we realise we are looking at a young man, concealed in the bushes from the menacing glare of the lights of oncoming traffic. Waddington does not afford us the all-perceiving spectatorial mastery over the image. Rather, we are crouching with her as she records the furtive movements of the man. The background sound, a subtle and persistent hum, adds to a growing disquiet, a looming sense of apprehension concerning the fate of these asylum seekers. Figure 7 Grainy still showing the Red Cross camp in Border ©Laura Waddington 2002Waddington’s commentary has been deliberately pared back and her voice over is minimal with extended periods of silence. The camera alternates from meditative, lingering shots taken from the safety offered by the Red Cross camp, to the fields where the shots are truncated and chaotically framed. The actions of the asylum seekers jerk and shudder, producing an image akin to the flicker effect of early silent cinema because the film is not running at the full rate of 24 frames per second. Here the images become blurred to the point of unintelligibility. Like the Sonderkommando photographs, the asylum seekers exist as image-fragments, shards stolen by Waddington’s camera as she too works hard to evade capture. Tension gradually increases throughout the film, cumulating in a riot scene after a decision to close the camp down. The sweeping search lights of the police helicopter remind us of the increased surveillance undertaken by the border patrols. Without the safety of the Red Cross camp, the asylum seekers are offered no protection from the increasing police brutality. With nowhere else to go, the asylum seekers are forced into the town of Sangatte itself, to sleep in the streets. They are huddled together, and there is a faintly discernible chant repeating in the background, calling to the UN for help. At points during the riot scene, Waddington completely cuts the sound, enveloping the film in a haunting silence. We are left with a mute montage of distressing still images recording the clash between the asylum seekers and police. Again, we are reminded of Waddington’s lack of immunity to the violence, as the camera is deliberately knocked from her hand by a police officer. Figure 8 Clash between asylum seekers and police in Border ©Laura Waddington 2002It is via the merged gaze of the camera and the asylum seekers that Waddington exposes the fictional mastery of the spectator’s gaze. The fury of the tear-image is unleashed as the image-gaze absorbs the spectator into its visual field. No longer pacified by the veil, the spectator is unable to retreat to familiar modes of spectatorship to neutralise and disarm the image. With no possible recourse to desire and fantasy, the encounter becomes intrinsically ethical. Refusing to be neutralised by the Lacanian veil, the tear-image resists the anaesthetising effects of recycled and predictable images of asylum seekers.This essay has argued that a suspicious spectator is the product of an iconophobic media gaze. In the endless process of recycling, the critical capacity of the image to engage the viewer becomes progressively disarmed. Didi-Huberman’s reworking of the Lacanian gaze proposes a model of spectatorship designed to disrupt this iconophobic image economy. The veil-image asks little from us as spectators beyond our complicity. Protected by the gaze of the image, the fiction of the all—perceiving spectator is maintained. By abandoning this model of spectatorship as Didi-Huberman and Waddington are asking us to do, the unidirectional relationship between the viewer and the image is undermined. The terms of spectatorship may be relocated from suspicion to an ethical, participatory mode of engagement. We are laying down our weapons to receive the gaze of the Other. ReferencesAaron, Michele. Spectatorship: The Power of Looking On. London: Wallflower, 2007.Border. Waddington, Laura. Love Stream Productions, 2004.Butler, Judith. Precarious Life: The Powers of Mourning and Violence.London: Verso, 2004.Chéroux, Clément, ed. Mémoires des Camps. Photographies des Camps de Concentration et d'Extermination Nazis, 1933-1999. Paris: Marval, 2001.Didi-Huberman, Georges. Images in Spite of All: Four Photographs from Auschwitz. Trans. Lillis, Shane B. Chicago: U of Chicago P, 2008.Didi-Huberman, Georges. Ce Que Nous Voyons, Ce Qui Nous regarde.Critique. Paris: Editions de Minuit, 1992.Lacan, Jacques. The Four Fundamental Concepts of Psycho-Analysis.Trans. Sheridan, Alan. Harmondsworth: Penguin, 1986.Levinas, Emmanuel. "Reality and its Shadow." The Levinas Reader. Ed. Hand, Seán. Oxford: Blackwell, 1989. 130–43.Lyotard, Jean-François. The Differend: Phrases in Dispute. Minneapolis: University of Minnesota Press, 1988.Metz, Christian. The Imaginary Signifier: Psychoanalysis and the Cinema. Bloomington: Indiana U P, 1982.Nichols, Bill. Introduction to Documentary. Bloomington: Indiana U P, 2001.Saxton, Libby. Haunted Images: Film, Ethics, Testimony and the Holocaust. London: Wallflower, 2008.

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.

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

Orientadores: Maria Lygia Quartim de Moraes, João Carlos Soares Zuin
Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciências Humanas
Made available in DSpace on 2018-08-17T17:04:07Z (GMT). No. of bitstreams: 1 Garcia_FernandaDiFlora_M.pdf: 1527594 bytes, checksum: 0fb8462a4b390edbcf3dbf76730c13f1 (MD5) Previous issue date: 2011
Resumo: Desde o início da década de 1990, os países-membros da União Européia tem se movido em direção a políticas e leis de imigração cada vez mais repressivas, punitivas e de amplo caráter discriminatório. A intensificação desta política bem como a militarização progressiva de suas fronteiras tem construído o fenômeno político denominado fortaleza Europa, constituído por muros reais e virtuais, pela vigilância constante tanto dos limites territoriais como do próprio espaço público e pelas práticas sancionadas pelos Estados de estigmatização dos imigrantes, refugiados e solicitantes de asilo com base em sua origem cultural, fenótipo e etnia. Neste contexto, o Estado italiano aparece como um caso exemplar desta nova política, pautada pela ótica da emergência, da exclusão de todos os seres considerados indesejáveis e pelo racismo de ordem cultural, que concebe o estrangeiro como incapaz de se adaptar aos valores ocidentais, sobretudo aos valores italianos. Esta dissertação tem como objeto a política italiana para imigração, cujo pilar principal é constituído pela instauração dos Centros de Permanência Temporária, espaço de exceção nos quais são confinados os imigrantes ilegais, refugiados e solicitantes de asilo, e nos quais se efetua a espoliação do estatuto jurídico destes seres, convertendo-os em não-pessoas. Nesse sentido, a análise destes espaços e da política que os criou pode ser capaz de revelar o sentido da reaplicação de esquemas racistas na configuração das relações sociais,bem como o lugar ocupado pelo paradigma da segurança e da exceção, nos quais se pautam diversos Estados europeus e que redefinem a política na atualidade
Abstract: Since the early 1990s, member states of the European Union (EU) have moved toward policies and immigration laws increasingly repressive, punitive and discriminatory. The intensification of these policies and the gradual militarization of EU's borders have built a political phenomenon called Fortress Europe, which consists of real and virtual walls, constant surveillance by both the territorial limits and the very public space and practices sanctioned by the States of stigmatization of immigrants, refugees and asylum seekers based on their cultural background, ethnicity and phenotype. In this context, the Italian State appears as a striking example of this new policy, guided by the optics of emergency, the exclusion of all beings that are considered undesirable, and by cultural racism that sees the foreigner as unable to adapt to Western values, especially Italian values. This thesis aims at Italian immigration policy, which main point is the establishment of Temporary Stay and Assistance Centers. These centers are states of exception in which illegal immigrants, refugees and asylum seekers are confined to, their legal status is spoiled, and thus, they are turned into non-persons. In this sense, the analysis of these states and the politics that created them may reveal the meaning of racist reapplication regimens in the social relations set, and the place occupied by the security and exception paradigm, in which several European States are governed redefining the political scene today
Mestrado
Sociologia
Mestre em Sociologia

Abstract This chapter further establishes the book’s central argument that immigration detention operates as a form of counterinsurgency by analyzing a series of case studies of acts of resistance led by detained Haitian and Central American asylum-seekers and Central American peace and Sanctuary movement activists, and forms of US government retaliation. It recounts a series of hunger strikes, acts of coordinated unrest, and mobilization of Haitian testimonies through inside-outside organizing at the Krome detention center in Miami and at Fort Allen, Puerto Rico. It also details the origins, growth, and activities of the transnational 1980s Sanctuary movement which effectively shielded Salvadoran and Guatemalan asylum-seekers from detention and deportation, including internal tensions over organizing tactics and the movement’s use of media and public relations to denounce US Central American foreign policy. The second half of the chapter details how the Reagan administration responded to resistance inside and outside of detention with retaliation that amounted to a “total war” against immigrants in detention and allies on the outside. Forms of retaliation included physical abuse, solitary confinement, transfers, and deportation of people in detention, and use of covert tactics to surveil, intimidate, harass, and prosecute Sanctuary movement activists.

Chapter 2 examines the Caribbean refugee crisis of 1980 and the government’s response. After more than one hundred thousand Cubans and tens of thousands of Haitians arrived on American shores in a matter of months, the Carter administration implemented a policy of detention for both groups. But this temporary response mutated into a more permanent policy of long-term detention for Haitians (as well as several hundred Cubans) and ultimately into the more widespread use of detention for asylum seekers. This chapter also explores the origins and early history of the Krome Avenue Detention Center in Miami, a site that remained central to the history of immigration detention and also documents attempts by the government to create its first refugee processing center and detention facility outside of the mainland United States, in Fort Allen, Puerto Rico. Ultimately, the Carter administration’s treatment of Haitian asylum seekers at this critical moment in 1980 enabled the succeeding administration to dramatically expand the role of detention in the U.S. government’s immigration enforcement arsenal.

The chapter stretches across two centuries, from the antebellum period to the dawn of the twenty-first century, to reveal the blueprint of immigration control that marked, regulated, controlled, and expelled migrant peoples from the nation. This immigration control regime racially targeted Asian and Latina/o noncitizens as “racial bookends” to the twentieth century that allowed the state to associate in the public mind migration with criminality while issuing a strict legal definition that catalogued the migration of these two racial peoples as “criminal aliens,” invoking “’perpetual foreignness.” In this long survey of immigration control, the chapter considers how particular moments of economic crisis and depression, public health fears, foreign wars, and national security anxieties fed racial fears over new migrant groups that were subsequently labeled as “enemy aliens” and criminalized within an immigration control regime that resorted to carceral practices. What made this detention regime distinct from criminal law was the practice of plenary power and administrative punishment where the state enacted criminal prosecutorial power over immigration but denied due process to noncitizens.

This chapter centers on migrants who were brought to the United States as children and who grew up here. Over time, children become embedded within U.S. communities, developing personal histories and social bonds as they reach adulthood. However, many of the young male interviewees found themselves caught up in a criminal and immigration enforcement system that they may not be able to exit. As undocumented Mexican youth in the United States, they may be subject to discrimination and labeled as “criminal aliens,” a racialized practice designed to confine and expel social undesirables, despite their strong connections to families, communities, and the nation. Focusing on claims of belonging and memories of apprehension, detention, and deportation among men in Nogales, Sonora, Mexico, the chapter demonstrates how, over time, multiple structures of social, economic, and political marginalization in the United States result in the expulsion of Mexican nationals who identify as U.S. social citizens.

Prominent Arizona conservatives and, some would argue, liberal reformers helped spearhead law and order policies that exploded the U.S. prison population and created a crisis of prison overcrowding. This chapter argues that the scramble for prison beds was a major force behind the Criminal Alien Program (CAP), which Congress pushed as a way to purge noncitizens from jails and prisons in order to free up prison beds. CAP gave primacy to criminal enforcement targets and unleashed an onslaught of measures that restructured immigrant detention and deportation, spawned similar programs like “absconder” initiatives, “fugitive” operations, Security Communities, and immigrant prosecution programs like Operation Streamline—in other words, many of the punitive policies we associate with the criminalization of migration in the United States today. However, punitive policies are not necessarily a “backlash” against rights and protections that reformers fought for for over a century. Rather, they operate within post–civil rights “antidiscrimination” constitutional frameworks in ways that recognize rights for certain “victims,” while aggressively punishing and banishing those branded as criminal.

A few days before New Year’s Day, 2002 John Yoo and Patrick Philbin, two lawyers in the Department of Justice, drafted a memorandum for the Department of Defense. The memo was entitled Possible Habeas Jurisdiction over Aliens Held in Guantanamo Bay, Cuba. Shortly after the attacks on September 11, 2001, the Bush administration had announced plans to try suspected terrorists by military commission, a kind of military court. As the memo was being completed, the war in Afghanistan was still ongoing. But coalition forces had taken Kabul and other major cities and had already captured many suspected Al Qaeda members. The Bush administration feared detaining these individuals within the United States and generally rejected the criminal justice model of counterterrorism championed by previous presidents. The United States naval base at Guantanamo, the subject of the lawyers’ memo, was appealing as a long-term site for detention and trial. It was distant from the Middle East, very secure, and, as the Justice Department noted, probably free of the influence of American courts due to its location outside the territory of the United States. In time the detention camp at Guantanamo would become a source of sustained criticism around the world and a major political liability for the United States. But in late 2001, with the World Trade Center site still a smoking ruin, Guantanamo appeared to be a very attractive option to those formulating the legal response to the 9/11 attacks. Two years after the Guantanamo memo was written the New York Times reported that the CIA and the Pentagon were operating a network of offshore prisons in various foreign locations. In these overseas prisons, so reported the Times, were some of the most high-value detainees in the war on terror. Successive stories in the Washington Post revealed that a number of these “black site” prisons were in Europe, and that the CIA had flown individuals there for extensive and coercive interrogation. As the Times reported, the “suggestion that the United States might be operating secret prisons in Europe and the idea that American intelligence officers might be torturing terrorism suspects incarcerated on foreign soil have been incendiary issues across Europe in recent weeks.”