The article explores the relationship between immigration detention and criminal justice by presenting the results of an ethnographic research that was carried out inside one of the main Italian pre-removal detention facilities. Challenging the idea that immigration detention centres are to be considered as legal black holes where migrants are reduced to ‘bare life’ and subjected to a form of absolute power, this article suggests that detained migrants possess an extraordinary ability to resist and undermine the deportation machine, reproducing a condition that, reversing Nicolas De Genova’s formula, I would define as of their ‘undeportability’. The article explores the microphysics of power relationships shaping detention conditions inside a pre-removal centre showing how in the clash between police attempting to deport migrants and their opposition to deportation, immigration detention turns into a de-facto punishment. While the overlapping of administrative and punitive functions under the framework of immigration law and policies has been extensively analysed, this research illustrates how it is produced in practice suggesting that the evolution of immigration detention into a deterrence tool is to be considered as the outcome of the failure of the Italian deportation machine rather than a conscious policy choice. Finally, this article provides an opportunity to explore further the relationship between migration control and what Michel Agier has defined as humanitarian government, showing the many paradoxes and contradictions incurred by humanitarian agencies when they are called upon to manage custodial facilities such as immigration detention centres

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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The Robert Schuman Centre for Advanced Studies (RSCAS), created in 1992 and directed by Stefano Bartolini since September 2006, aims to develop inter-disciplinary and comparative research and to promote work on the major issues facing the process of integration and European society. The Centre is home to a large post-doctoral programme and hosts major research programmes and projects, and a range of working groups and ad hoc initiatives. The research agenda is organised around a set of core themes and is continuously evolving, reflecting the changing agenda of European integration and the expanding membership of the European Union.

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