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Author: Daniel Wilsher
Publisher: Cambridge University Press
ISBN: 1139501356
Category : Political Science
Languages : en
Pages : 421
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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.
Author: Daniel Wilsher
Publisher: Cambridge University Press
ISBN: 1139501356
Category : Political Science
Languages : en
Pages : 421
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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.
Author: Michael Fordham
Publisher:
ISBN: 9781905221530
Category : Alien detention centers
Languages : en
Pages : 180
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Book Description
Author: César Cuauhtémoc García Hernández
Publisher: The New Press
ISBN: 1620978350
Category : Political Science
Languages : en
Pages : 152
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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.
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1722
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Book Description
Author: Adam B. Cox
Publisher: Oxford University Press
ISBN: 0190694386
Category : Law
Languages : en
Pages : 361
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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.
Author: Maria João Guia
Publisher: Springer
ISBN: 9783319246888
Category : Law
Languages : en
Pages : 0
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Book Description
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.
Author: Robert Koulish
Publisher: Routledge
ISBN: 1135843317
Category : Law
Languages : en
Pages : 238
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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.
Author:
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 8
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Book Description
Author: Valsamis Mitsilegas
Publisher: Springer
ISBN: 331912658X
Category : Law
Languages : en
Pages : 117
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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.
Author: César Cuauhtémoc García Hernández
Publisher:
ISBN: 9781641059459
Category : Family & Relationships
Languages : en
Pages : 304
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Book Description
Crimmigration Law is a must-read for law students and practitioners seeking an introduction to the complex legal doctrine and practice challenges at the merger of immigration and criminal law.
