The deprivation of certitude, legitimacy and hope: Foreign national prisoners and the pains of imprisonment

Abstract

T he depr ivat ion of cer t it ude, legit im acy and hope: For eign nat ional pr isoner s and t he pains of im pr isonm ent Drawing on quasi-ethnographic fieldwork in a Specialist Foreign National Prison, this article discusses the new pains relating to a lack of certitude, legitimacy and hope with regard to both their carceral and post-carceral lives.

The role of oversight in foreign-national only prisons: counteracting the disapplication of rehabilitation

“…Planning for resettlement should begin upon the prisoner's arrival and 'underpin the work of the whole prison' ( [15] at 49). In stark contrast to this principled approach, the reality in most removal-focused prisons is that the resettlement function has been eroded to the extent that prisoners do not receive the advice necessary to prepare for release or their social reintegration into society ( [12] at 12). Slade notes that 'while effort and resources are increasingly focused on the process of expulsion, there is an extraordinarily casual attitude to the resettlement and reintegration of foreign prisoners' (16).…”

“…The stress of such uncertainty (and likely separation from their loved ones) has been shown to result in a higher risk of self-harm and suicidal feelings [4,10,22]. In fact, Warr has argued that the 'lack of certitude, legitimacy and hope with regard to both their carceral and postcarceral lives' ( [12] at 2) experienced by foreign prisoners facing removal has resulted in new and unique pains of imprisonment for this specific category of prisoner.…”

“…This Agreement was put in place after the political fallout and media backlash that followed revelations in the 2006 National Audit Office report that over 1000 illegal immigrants had been released back into society rather than deported in the previous 7 years [12]. While foreign prisoners remain dispersed throughout the prison estate, two prisons have been designated to house foreign nationals only: both HMP Maidstone and HMP Huntercombe became designated foreign national prisons and Home Office Immigration Enforcement Centres in 2013.…”

“…The significance of these failings becomes clearer when it is revealed that 90% of inmates are discharged directly to their country of origin (5). Despite the overall praise for the work in relation to resettlement and reintegration at Huntercombe prison, HMIP noted that 'as is often the case with a foreign national population, more could have been done to meet the needs of those due to be deported' (12) and recommended that the strategy take account of the specific resettlement needs of prisoners being removed from the UK (48, 59).…”

“…However, for the latter category, the lose of legal status and pending deportation can be very difficult to accept as it will mean leaving their home and families and 'returning' to a country that they have not lived in for a long time, or indeed ever. For these prisoners, 'their inability to plan for a future, their insecurity where and when their release may come, their lack of access to the rehabilitative and resettlement processes' can result in the loss of hope ( [12] at . This is particularly the case when their removal will have a serious and life-shattering impact 'undoing long histories of habitation, familial relations and livelihoods' ( [18] at 2).…”