Download e-book for kindle: Immigration Detention: Law, History, Politics by Daniel Wilsher

By Daniel Wilsher

The liberal felony perfect of safety of the person opposed to administrative detention with out trial is embodied within the habeas corpus culture. in spite of the fact that, using detention to regulate immigration has long gone from a wartime exception to basic perform, therefore calling into query smooth states' adherence to the guideline of legislations. Daniel Wilsher strains how smooth states have come to take advantage of long term detention of immigrants with out judicial regulate. He examines the broader rising foreign human rights problem provided by means of detention established upon retaining 'national sovereignty' in an age of world migration. He explores the weak political prestige of immigrants and exhibits how makes an attempt to shut liberal societies can create 'unwanted folks' who're denied primary rights. To finish, he proposes a suite of criteria to make sure that efforts to manage migration, together with using detention, agree to rules of legislation and uphold uncomplicated rights despite immigration prestige.

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Example text

23 The border also came to have symbolic importance in enforcing loyalty to the new nation states because ‘[t]he state tried to homogenise the inside where neighbours are by definition fellow-countrymen; it created a friend/foe division where the enemy is normally to be found outside the territory . . 24 The alien became someone outside this order, subject to the laws of war, if any. Detention represents another feature of this power. States tended to give wide authority to officials to detain migrants.

Such regulation was, however, becoming less common because sending and receiving states perceived their interests to be divergent; moving away from cosmopolitanism, states of immigration came to assert maximal discretion over migrant selection, something incompatible with binding commitments to sending nations. Detention pending admission was first confronted by the Supreme Court in a case concerning the Immigration Act 1891, Nishimura Ekiu v. 97 Nishimura was detained upon arrival from Japan after her exclusion on the ground that she was likely to become a public charge.

E. Barde, Immigration at the Golden Gate: Passenger Ships, Exclusion and Angel Island, Westport, CT, London: Praeger, 2008, 57. R. Coolidge, Chinese Immigration, New York: Henry Holt, 1909. She also notes that they were held in ‘a shed’ in which the ‘odours of sewage and bilge are most offensive; unclear, at times overrun with vermin and often inadequate to the number to be detained’, 299. Tichenor, Dividing Lines, 109. 20 the creation of immigration detention designed to challenge detention, legal argument in almost all the cases was about substantive immigration rights.

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