Detention of migrants: Harsher policies, increasing international law protection

Lyon, Beth

doi:10.4337/9780857930057.00013

Cited by 3 publications

(2 citation statements)

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“…It is not possible here to summarize the extensive international scholarly debate about the legitimacy of immigration detention. It is, however, important to note that case law of national and international supreme courts justified immigration detention as long as it is necessary for the effective enforcement of the return decision (Cornelisse, 2010; Lyon, 2014; Wilsher, 2012).…”

Section: Immigration Detention In Italy: An Overviewmentioning

confidence: 99%

Immigration Detention as Social Defence: Policing ‘Dangerous Mobility’ in Italy

Campesi

Fabini

2019

Theoretical Criminology

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Drawing on an empirical study, this article explores the role of immigration detention in Italy by analysing the way a specific rhetoric of ‘dangerousness’ has developed and is being used within the framework of immigration enforcement policies. Our argument is that immigration detention has been transformed into an instrument of crime prevention and ‘social defence’, and that this transformation is fuelled by the central position that the legal categories of ‘risk’ and ‘danger’ have assumed in the regulation of the return procedure. The article contends that immigration law enforcement agencies can make use of immigration detention as a flexible control tool to manage what are perceived as the most problematic populations in urban areas, thus practising a policy of selective enforcement that while not explicitly built along racial and ethnic lines, clearly discriminates among migrants according to their ‘social marginality’ or supposed ‘social dangerousness’.

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Section: Immigration Detention In Italy: An Overviewmentioning

confidence: 99%

Immigration Detention as Social Defence: Policing ‘Dangerous Mobility’ in Italy

Campesi

Fabini

2019

Theoretical Criminology

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“…Beth Lyon, in her article 'Detention of Migrants: Harsher Policies, Increasing International Law Protection', explains how states resort to detaining migrants in an effort to control, exclude and contain them, as they become unable to control their borders. 16 Lyon explains that the price of the illusion of maintained sovereignty is an increase in immigration detention 17 and deteriorating conditions of detention, 18 which interfere with the ability of immigrants to pursue their legal cases. 19 This is despite the fact that international law prohibits arbitrary detention 20 and places limitations on the detention of women and children.…”

Section: Migration and The Connection With Sovereignty Exploredmentioning

confidence: 99%

International Migration Law in the Current Legal and Political Reality: Review of Research Handbook on International Law and Migration

Kritzman-Amir

2016

Isr. law rev.

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The complex human phenomenon of migration is a challenging one, and throughout history has been considered by many disciplines, including, but not limited to, law, international relations and political science, sociology and anthropology, philosophy, economics, geography and demography and psychology, as well as by multi-disciplinary scholarship. All of this growing body of scholarship has attempted to come to grips with particular aspects of this phenomenon, which has an impact on states, peoples, societies, spaces, cultures, mental states, international organisations and norms.

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Genealogies of Immigration Detention: Migration Control and the Shifting Boundaries Between the ‘Penal’ and the ‘Preventive’ State

Campesi

2019

Social & Legal Studies

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The aim of this article is to explore the ambiguous legal status of immigration detention by discussing the main theoretical perspectives on its nature and the functions it plays in contemporary migration policies. After presenting a typological and genealogical reconstruction of immigration detention, the article contends that it should not be seen as being related either to the politics of ‘exception’ or to the expanding reach of ‘penal’ power in a context of mass migration. Instead, the argument presented here is that immigration detention exhibits the characteristics of preventive measures typically related to the exercise of police powers and that its increased role in migration policies should be read in the wider framework of the shifting boundaries between the ‘penal’ and the ‘preventive’ state in contemporary societies.

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Detention of migrants: Harsher policies, increasing international law protection

Cited by 3 publications

References 0 publications

Immigration Detention as Social Defence: Policing ‘Dangerous Mobility’ in Italy

Immigration Detention as Social Defence: Policing ‘Dangerous Mobility’ in Italy

International Migration Law in the Current Legal and Political Reality: Review of Research Handbook on International Law and Migration

Genealogies of Immigration Detention: Migration Control and the Shifting Boundaries Between the ‘Penal’ and the ‘Preventive’ State

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