Immigration Detention: Law, History, PoliticsThe 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. |
Contents
| 1 | |
2 Modern immigration detention and the rise of the permanent bureaucratic enterprise | 57 |
between territorial sovereignty and emerging human rights norms | 119 |
redefining friends and enemies | 171 |
the problem of internment in peacetime | 207 |
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absconding administrative detention aliens power application arbitrary argues Article asylum seekers Australia authorities bail border control Cambridge University Press case-law challenge Chinese citizenship Committee constitutional Council of Europe criminal decision deportation detainees detention centres detention powers discretion due process emergency enemy aliens enforcement entry Europe European European Union executive expulsion foreigners free movement fundamental rights global groups Guantanamo Bay habeas corpus held Ibid illegal immigration control immigration detention immigration law immigration status indefinite detention individual international human rights international law irregular migrants issue judicial review Justice legislation liberal limits mandatory detention measures national security non-EU citizens numbers Oxford University Press pending persons political practice principle prison procedures protection reason relation released removal residence restrictions right to liberty risk rule of law seeking sovereignty stateless persons statutory Strasbourg Court Supreme Court terrorism terrorist threat tion Treaty unauthorized migrants UNHCR United Kingdom Whilst Zadvydas