Immigration Detention


Book Description

The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.







Migrating to Prison


Book Description

NATIONAL BESTSELLER A powerful, in-depth look at the imprisonment of immigrants, addressing the intersection of immigration and the criminal justice system, with a new epilogue by the author “Argues compellingly that immigrant advocates shouldn’t content themselves with debates about how many thousands of immigrants to lock up, or other minor tweaks.” —Gus Bova, Texas Observer For most of America’s history, we simply did not lock people up for migrating here. Yet over the last thirty years, the federal and state governments have increasingly tapped their powers to incarcerate people accused of violating immigration laws. Migrating to Prison takes a hard look at the immigration prison system’s origins, how it currently operates, and why. A leading voice for immigration reform, César Cuauhtémoc García Hernández explores the emergence of immigration imprisonment in the mid-1980s and looks at both the outsized presence of private prisons and how those on the political right continue, disingenuously, to link immigration imprisonment with national security risks and threats to the rule of law. Now with an epilogue that brings it into the Biden administration, Migrating to Prison is an urgent call for the abolition of immigration prisons and a radical reimagining of who belongs in the United States.




Inside Immigration Detention


Book Description

On any given day nearly 3000 foreign national citizens are detained under immigration powers in UK detention centres alone. Around the world immigrants are routinely detained in similar conditions. The institutions charged with immigrant detention are volatile and contested sites. They are also places about which we know very little. What is their goal? How do they operate? How are they justified? Inside Immigration Detention lifts the lid on the hidden world of migrant detention, presenting the first national study of life in British immigration removal centres. Offering more than just a description of life behind bars of those men and women awaiting deportation, it uses staff and detainee testimonies to revisit key assumptions about state power and the legacies of colonialism under conditions of globalization. Based on fieldwork conducted in six immigration removal centres (IRCs) between 2009 and 2012, it draws together a large amount of empirical data including: detainee surveys and interviews, staff interviews, observation, and detailed field notes. From this, the book explores how immigration removal centres identify their inhabitants as strangers, constructing them as unfamiliar, ambiguous and uncertain. In this endeavour, the establishments are greatly assisted by their resemblance to prisons and by familiar racialized narratives about foreigners and nationality. However, as staff and detainee testimonies reveal, in their interactions and day-to-day life women and men find many points of commonality. Such recognition of one another reveals the goal and effect of detention to be incomplete. Denial requires effort. In order to minimize the effort it must expend, the state 'governs at distance', via the contract. It also splits itself in two, deploying some immigration staff onsite, while keeping the actual decision-makers (the caseworkers) elsewhere, sequestered from the potentially destabilizing effects of facing up to those whom they wish to remove. Such distancing, while bureaucratically effective, contributes to the uncertainty of daily life in detention, and is often the source of considerable criticism and unease. Denial and familiarity are embodied and localized activities, whose pains and contradictions inhere in concrete relationships.




United States Code


Book Description

"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.




The President and Immigration Law


Book Description

Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.




Immigration and American Democracy


Book Description

While immigration embodies America’s rhetorical commitment to democracy, it also showcases abysmal failures in democratic practice. Koulish examines these failures in terms of excessive executive powers circumventing the constitution, privatization, and right-wing subversion of local democracy.




Immigration Offenses


Book Description




The Criminalisation of Migration in Europe


Book Description

This is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.




Immigration Outside the Law


Book Description

"A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it extremely difficult or even possible for scores of children to receive an education. The resulting landmark Supreme Court case, Plyler v. Doe (1982), established the constitutional right of children to attend public elementary and secondary schools regardless of legal status and changed how the nation approached the conversation about immigration outside the law. Today, as the United States takes steps towards immigration policy reform, Americans are subjected to polarized debates on what the country should do with its "illegal" or "undocumented" population. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura takes a neutral, legally-accurate approach in his attention and responses to the questions surrounding those whom he calls "unauthorized migrants." In a reasoned and careful discussion, he seeks to explain why unlawful immigration is such a contentious debate in the United States and to offer suggestions for what should be done about it. He looks at ways in which unauthorized immigrants are becoming part of American society and why it is critical to pave the way for this integration. In the final section of the book, Motomura focuses on practical and politically viable solutions to the problem in three public policy areas: international economic development, domestic economic policy, and educational policy. Amidst the extreme opinions voiced daily in the media, Motomura explains the complicated topic of immigration outside the law in an understandable and refreshingly objective way for students and scholars studying immigration law, policy-makers looking for informed opinions, and any American developing an opinion on this contentious issue"--