Immigration Detention, Risk and Human Rights

1. Front Matter

   Pages i-xvii

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2. Sovereign Bias, Crimmigration, and Risk

   • Robert Koulish

   Pages 1-12

3. Sovereign Discomfort: Can Liberal Norms Lead to Increasing Immigration Detention?

   • Michael Flynn

   Pages 13-23

4. Immigration Detention, Risk and Human Rights in the Law of the European Union. Lessons from the Returns Directive

   • Valsamis Mitsilegas

   Pages 25-45

5. Immigration Detention and Non-removability Before the European Court of Human Rights

   • Marloes Anne Vrolijk

   Pages 47-72

6. Immigration Detention: An Instrument in the Fight Against Illegal Immigration or a Tool for Its Management?

   • Galina Cornelisse

   Pages 73-89

7. Trapped Between Administrative Detention, Imprisonment, and Freedom-in-Limbo

   • Charles Gosme

   Pages 91-122

8. Immunity from Criminal Prosecution and Consular Assistance to the Foreign Detainee According the International Human Rights Law

   • Larissa Leite

   Pages 123-140

9. Understanding Immigration Detention in the UK and Europe

   • Elspeth Guild

   Pages 141-155

10. Women’s Immigration Detention in Greece: Gender, Control and Capacity

    • Mary Bosworth, Andriani Fili, Sharon Pickering

    Pages 157-170

11. Changing Practices Regarding the Implementation of Entry Bans in Belgian Migration Policy Since 1980

    • Steven De Ridder, Maartje van der Woude

    Pages 171-183

12. Crimmigration Policies and the Great Recession: Analysis of the Spanish Case

    • José Ángel Brandariz García

    Pages 185-197

13. “Immigrants as Detainees”: Some Reflections Based on Abyssal Thinking and Other Critical Approaches

    • Katia Cardoso

    Pages 199-214

14. Mandatory Immigration Detention for U.S. Crimes: The Noncitizen Presumption of Dangerousness

    • Mark Noferi

    Pages 215-249

15. Let Us In: An Argument for the Right to Visitation in U.S. Immigration Detention

    • Christina M. Fialho

    Pages 251-278

16. Who Wants to Go to Arizona? A Brief Survey of Criminalization of Immigration Law in the U.S. Context

    • Gabriel Haddad Teixeira

    Pages 279-293

This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants.

In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.

 

• Fight Against Terrorism
• Foreign Inmate
• Human Rights
• Immigration Law
• Migrant Detention
• Vulnerable Person
• International Decisions

“This volume will be of interest to anyone concerned with the topic of immigration detention in Europe and the US. Indeed, recent developments lend a particular topicality to this issue.” (Alan Desmond, Nordic Journal of Migration Research, Vol.8 (1), 2018)

• Coimbra, Portugal

  Maria João Guia

• College Park, USA

  Robert Koulish

• Department of Law, Queen Mary University of London, London, United Kingdom

  Valsamis Mitsilegas

Maria João Guia is a PhD (summa cum laude) in Law, Justice and Citizenship at the XXIst century at the University of Coimbra, Portugal and author of the thesis "Immigration, 'Crimmigration' and violent crime. The convicted inmates and the representations of Immigration and Crime". She is Associate Researcher at the Centre of Human Rights, at the Faculty of Law, University of Coimbra. Her most recent edited book, The Illegal Business of Human Trafficking (Springer, 2015). Maria was appointed in 2012 as a SYLFF Fellow for her leadership and organisational skills and was (until dec 2015)  independent external expert of the European Commission on the area of Security, Freedom and Justice and currently director of CINETS (www.crimmigrationcontrol.com).

Robert Koulish, Ph.D. is Director of MLAW Programs, undergraduate law programming at the University of Maryland in the College of Behavioural and Social Sciences, Joel J. Feller Research Professor of Government and Politics, at the University of Maryland, College Park, MD 20742. He is Lecturer at Law at UMD Carey School of Law. He is the author of Immigration and American Democracy: Subverting the Rule of Law (2010), and academic and law review articles, book chapters and op/ed columns about crimmigration, detention, immigration privatization and risk. website: mlaw.umd.edu

Valsamis Mitsilegas is Professor of European Criminal Law, Director of the Criminal

Justice Centre and Head of the Department of Law at Queen Mary University of London. He is Co-coordinator of the European Criminal Law Academic Network (ECLAN) and a member of the Commission's Expert Group on European Criminal Policy. From 2001 to 2005 he served as legal adviser to the House of Lords European Union Committee. He is the author of four monographs and over 80 articles in the fields of European, economic and transnational criminal law, immigration and asylum law and the relationship between security and human rights, in particular the right to privacy. His latest book is The Criminalisation of Migration in Europe (Springer, 2015).

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