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Habeas Corpus in Immigration Law

Judith Farbey, R. J. Sharpe, and Simon Atrill

in The Law of Habeas Corpus

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199248247
eISBN:
9780191725241
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248247.003.0005
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

The protection of habeas corpus extends to non-citizens and to those subject to administrative detention under immigration powers. This chapter examines the use of habeas corpus as a remedy against ... More


Construction of and Resistance to the Detention Regime, 1981–1991

Carl Lindskoog

in Detain and Punish: Haitian Refugees and the Rise of the World's Largest Immigration Detention System

Published in print:
2018
Published Online:
January 2019
ISBN:
9781683400400
eISBN:
9781683400660
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9781683400400.003.0005
Subject:
History, American History: 20th Century

Chapter 4 explains how the government’s blanket detention policy came about and why the Haitian-only detention policy was subsequently expanded to include all inadmissible aliens. This chapter charts ... More


Immigration Policy in the United States

Tom K. Wong

in The Politics of Immigration: Partisanship, Demographic Change, and American National Identity

Published in print:
2017
Published Online:
January 2017
ISBN:
9780190235307
eISBN:
9780190235338
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190235307.003.0002
Subject:
Political Science, American Politics

This chapter provides a primer on United States immigration policy. It discusses legal admissions policies, border security policies, interior immigration enforcement policies, and immigrant ... More


Conclusion

Carl Lindskoog

in Detain and Punish: Haitian Refugees and the Rise of the World's Largest Immigration Detention System

Published in print:
2018
Published Online:
January 2019
ISBN:
9781683400400
eISBN:
9781683400660
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9781683400400.003.0008
Subject:
History, American History: 20th Century

The conclusion examines the United States’ detention practices in the wake of the terrorist attacks of September 11, 2001, and the global spread of immigration detention that saw countries around the ... More


Reinforcing the Detention System, 1994–2000

Carl Lindskoog

in Detain and Punish: Haitian Refugees and the Rise of the World's Largest Immigration Detention System

Published in print:
2018
Published Online:
January 2019
ISBN:
9781683400400
eISBN:
9781683400660
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9781683400400.003.0007
Subject:
History, American History: 20th Century

Haitian detention at Guantanamo Bay continued to focus attention on U.S. detention practice in 1995 as the government’s detention of hundreds of unaccompanied Haitian youth generated enormous ... More


Immigration Detention

Cathryn Costello

in The Human Rights of Migrants and Refugees in European Law

Published in print:
2015
Published Online:
March 2016
ISBN:
9780199644742
eISBN:
9780191741128
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644742.003.0007
Subject:
Law, EU Law, Human Rights and Immigration

The chapter examines how international human rights law and EU law confront immigration detention, revealing that the protections against immigration detention are weaker than against other forms of ... More


Immigration Detention Reborn, 1981–1982

Carl Lindskoog

in Detain and Punish: Haitian Refugees and the Rise of the World's Largest Immigration Detention System

Published in print:
2018
Published Online:
January 2019
ISBN:
9781683400400
eISBN:
9781683400660
Item type:
chapter
Publisher:
University Press of Florida
DOI:
10.5744/florida/9781683400400.003.0004
Subject:
History, American History: 20th Century

Immigration detention was formally reborn in the United States when the Reagan administration reinstituted a policy of detention in 1981. And at that moment, the new detention policy applied ... More


Prevention and Immigration Laws

Andrew Ashworth and Lucia Zedner

in Preventive Justice

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198712527
eISBN:
9780191780820
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712527.003.0010
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines the hazards said to attend mass migration and the threats against which immigration controls are intended to protect. It explores the preventive rationales of immigration law ... More


Inside Immigration Detention

Mary Bosworth

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199675470
eISBN:
9780191755552
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675470.001.0001
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

Based on fieldwork conducted in six immigration removal centres (IRCs) between 2009 and 2012, this book draws together a large amount of empirical data including detainee surveys and interviews, ... More


The historical development of immigration detention in Britain

Mary Bosworth

in Inside Immigration Detention

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199675470
eISBN:
9780191755552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675470.003.0002
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter exposes the longer roots of current practices of immigration detention. Starting with the law, before turning to the detention centres themselves, it traces the key debates over border ... More


At Europe’s Edge: Arrival on the Maltese Islands

Ċetta Mainwaring

in At Europe's Edge: Migration and Crisis in the Mediterranean

Published in print:
2019
Published Online:
November 2019
ISBN:
9780198842514
eISBN:
9780191878497
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198842514.003.0004
Subject:
Political Science, International Relations and Politics

The fourth chapter turns to the policies and practices that migrants encounter once they arrive in Malta and on EU territory. After a review of the history of migration to the island state and the ... More


Introduction: Inside immigration detention

Mary Bosworth

in Inside Immigration Detention

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199675470
eISBN:
9780191755552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675470.003.0001
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

The introduction sketches the shape of the contemporary immigration detention system in the UK and introduces the main themes of the book. It describes the primary demographic and legal ... More


Border Laboratories

Jeffrey S. Kahn

in Islands of Sovereignty: Haitian Migration and the Borders of Empire

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226587387
eISBN:
9780226587554
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226587554.003.0003
Subject:
Law, Human Rights and Immigration

This chapter explores the history of how contemporary maritime migration policing (i.e., maritime interdiction) emerged out of confrontations over the treatment of Haitian asylum seekers during the ... More


Everyday life in detention

Mary Bosworth

in Inside Immigration Detention

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199675470
eISBN:
9780191755552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675470.003.0005
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter describes everyday life in detention, depicting how detainees pass their time and move around the centre. It describes the manner in which people arrive and leave the centres, and some ... More


Uncertainty, identity, and power in detention

Mary Bosworth

in Inside Immigration Detention

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199675470
eISBN:
9780191755552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675470.003.0007
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

Drawing on the words of staff and detainees, this chapter explores how both groups cope with the fickle nature of life in detention, and how insecurity shapes their identity and sense of self. While ... More


Ambivalence and estrangement in detention

Mary Bosworth

in Inside Immigration Detention

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199675470
eISBN:
9780191755552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675470.003.0008
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter revisits the questions with which this study opened. What are IRCs for? How can we understand them? On what basis might we appraise their success? How can we determine their failings? ... More


‘Working in this Place Turns You Racist’: Staff, Race, and Power in Detention

Mary Bosworth

in Race, Criminal Justice, and Migration Control: Enforcing the Boundaries of Belonging

Published in print:
2018
Published Online:
March 2018
ISBN:
9780198814887
eISBN:
9780191852596
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198814887.003.0014
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

Drawing on fieldwork in two British immigration removal centres (IRCs), this chapter discusses staff accounts of race and racism in detention. Designed as places to expel unwanted foreign citizens, ... More


The Always Deviant LGBTQ Asylum Seekers

Meghana Nayak

in Who Is Worthy of Protection?: Gender-Based Asylum and U.S. Immigration Politics

Published in print:
2015
Published Online:
September 2015
ISBN:
9780199397624
eISBN:
9780199397648
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199397624.003.0005
Subject:
Political Science, International Relations and Politics

This chapter explores those fleeing persecution targeting non-conforming gender identity and sexual orientation. However, these asylum seekers find that they must present narratives that prove they ... More


Conclusions

Meghana Nayak

in Who Is Worthy of Protection?: Gender-Based Asylum and U.S. Immigration Politics

Published in print:
2015
Published Online:
September 2015
ISBN:
9780199397624
eISBN:
9780199397648
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199397624.003.0007
Subject:
Political Science, International Relations and Politics

This chapter uses a question-and-answer format to revisit the main topics of the book. It explores whether gender-based asylum is only for women and sexual minorities, the relevance of worthy victim ... More


Recognition and belonging in an age of deportation

Mary Bosworth

in Inside Immigration Detention

Published in print:
2014
Published Online:
October 2014
ISBN:
9780199675470
eISBN:
9780191755552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675470.003.0004
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines the manner in which IRCs seek to identify detainees and the strategies through which women and men resist this identification. From the perspective of the state, detainees are ... More


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