Immigration detention, punishment and the criminalization of migration

Bosworth, Mary; Turnbull, Sarah

doi:10.4324/9780203385562-7

Cited by 39 publications

(50 citation statements)

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“…European criminologists have been concerned with migration policies since the late 1980s and have described how criminal law measures have merged with the administration of migration. This interest in the convergence of migration and criminal justice has been termed the "criminology of mobility" (Franko Aas, Bosworth 2013) or "border criminologies" (Bosworth, Turnbull 2014) and analysed as the emergence of "crimmigration law", i.e. the convergence of criminal law and procedure and migration law and procedure (Hernández 2017).…”

Section: Introductionmentioning

confidence: 99%

The European Digital Fortress and Large Biometric EU IT Systems: Border Criminology, Technology, and Human Rights

Završník

2019

DveDom

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The European Digital Fortress and Large Biometric EU IT Systems: Border Criminology, Technology, and Human Rights Today, at a time when we are witnessing the "multiplication of borders", borders are occupying new domains. The article focuses on the erection of digital borders by means of biometric technology, which is creating new knowledge through the compilation of large biometric databases in the EU. By "tattooing" borders onto immigrant bodies, disciplinary power is being superseded by the post-disciplinary power of "instant surveillance". The article continues by analysing re-bordering practices by means of seemingly apolitical information technology, and concludes by delving into the new harms caused by re-bordering, including violations of human rights and the emergence of multi-layered criminal law. KEY WORDS: biometric data, human rights, information technology, border criminology, large IT database IZVLEČEK Evropska digitalna trdnjava in veliki biometrični EU IT sistemi: Kriminologija meje, tehnologija in človekove praviceDanes, ko smo priča »multiplikaciji meja«, meje zasedajo nova področja. Članek se osredotoča na digitalne meje, ki v EU vznikajo z uporabo biometrične tehnologije, kar z oblikovanjem velikih biometričnih podatkovnih zbirk ustvarja novo vednost. Avtor v članku pokaže, kako s »tetoviranjem meja« na imigrantska telesa disciplinsko oblast nadomešča »hipna oblast«, nato pa odstre dileme, povezane s premikanjem meja, kar omogoča domnevno apolitična informacijska tehnologija. V zadnjem delu predstavi nove oblike škode, vključno s kršitvami človekovih pravic, in nastajajoče večplastno kazensko pravo, ukrojeno glede na »hierarhije državljanstva«. KLJUČNE BESEDE: biometrični podatki, človekove pravice, informacijska tehnologija, kriminologija meje, velika podatkovna zbirka

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Section: Introductionmentioning

confidence: 99%

The European Digital Fortress and Large Biometric EU IT Systems: Border Criminology, Technology, and Human Rights

Završník

2019

DveDom

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“…This often resulted in narrow considerations of immigration detention as a mere "function of deportability" with limited analysis of its legal, institutional, and infrastructural characteristics (Martin, 2012: 313). However, detention's incorporation in border control policies and the expanding securitization of migration increasingly sparked interest among various disciplines, including, but not limited to, sociology, law, anthropology, geography, and criminology (Bosworth & Turnbull, 2014). Although detention continues to be discussed concurrently with deportation due to their sequential nature, there is greater encouragement in interdisciplinary scholarship to examine immigration detention on its own.…”

Section: Chapter 2 Opening the "Black Box"mentioning

confidence: 99%

“…Although international law and national legislation place limits on child detention, it continues to be routinely practiced by several Western states including Canada, Australia, the UK, and the US (Bosworth & Turnbull, 2014). Article 37 of the United Nations Convention on the Rights of the Child clearly stipulates that depriving children of their liberty is always "only a measure of last resort and for the shortest appropriate period of time".…”

Section: Who Are Immigration Detainees?mentioning

confidence: 99%

“…The exclusion of migrants is much more evident in the ways in which they are physically detained in holding centres and often transferred between carceral institutions. Elsewhere, these spaces have been described as resembling prisons of the criminal justice system (Bosworth & Turnbull, 2014;Silverman & Nethery, 2015).…”

Section: Legitimizing Deprivations Of Libertymentioning

confidence: 99%

“…The Canadian state has historically rejected and detained undesirable, foreign others in the name of nation-building while endeavouring to maintain its character as a white settler colony (Coulthard, 2014;Abu-Laban, 2014;Bosworth & Turnbull, 2014;Brodie, 2002). As a privileged subject of the British Empire, it capitalized on its relative political freedom to imitate the revered British standard in its political, cultural, and economic formation (Stasiulis & Jhappan, 1995).…”

Section: Reproducing Priorities Of a White Settler Colonymentioning

confidence: 99%

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In Defence of Invisiblized Noncitizens: Seeking Justice in the Canadian Immigration Detention System

Coligado¹

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The Canadian immigration detention system is indefinitely holding noncitizens embodying precarious statuses without setting time limits to their deprivation of liberty. Presided over by Immigration Division board members, detention review hearings are supposed to be a means through which they can seek release. This thesis demonstrates, however, that immigration detainees have severely limited access to justice through these quasi-judicial proceedings where the evidentiary burden is shifted on to them. They face overlapping challenges in seeking legal representation while held in immigration holding centres and provincial prisons, including lack of information on their right to counsel, limited Legal Aid funding, and language barriers. Using interviews with lawyers and former detainees, and non-participant observation of detention reviews, this thesis argues immigration detainees are largely invisiblized by their limited access to justice, which is fostered by the Canadian sovereign state and its highly securitized political context that is particularly wary of racialized noncitizens. vi CHAPTER 5. DISCRETION IN DETENTION REVIEW HEARINGS .

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Incarceration and Generation: Mapping a Conceptual, Theoretical and Empirical Field of Research

Gomes

Carvalho

Duarte

2021

Incarceration and Generation, Volume I

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Immigration detention, punishment and the criminalization of migration

Cited by 39 publications

References 1 publication

The European Digital Fortress and Large Biometric EU IT Systems: Border Criminology, Technology, and Human Rights

The European Digital Fortress and Large Biometric EU IT Systems: Border Criminology, Technology, and Human Rights

In Defence of Invisiblized Noncitizens: Seeking Justice in the Canadian Immigration Detention System

Incarceration and Generation: Mapping a Conceptual, Theoretical and Empirical Field of Research

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