Download or read book Rights Deportation and Detention in the Age of Immigration Control written by Tom K. Wong and published by Stanford University Press. This book was released on 2015-05-13 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Immigration is among the most prominent, enduring, and contentious features of our globalized world. Yet, there is little systematic, cross-national research on why countries "do what they do" when it comes to their immigration policies. Rights, Deportation, and Detention in the Age of Immigration Control addresses this gap by examining what are arguably the most contested and dynamic immigration policies—immigration control—across 25 immigrant-receiving countries, including the U.S. and most of the European Union. The book addresses head on three of the most salient aspects of immigration control: the denial of rights to non-citizens, their physical removal and exclusion from the polity through deportation, and their deprivation of liberty and freedom of movement in immigration detention. In addition to answering the question of why states do what they do, the book describes contemporary trends in what Tom K. Wong refers to as the machinery of immigration control, analyzes the determinants of these trends using a combination of quantitative analysis and fieldwork, and explores whether efforts to deter unwanted immigration are actually working.
Download or read book Immigration Offenses written by and published by . This book was released on 1990 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Inside Immigration Detention written by Mary Bosworth and published by OUP Oxford. This book was released on 2014-09-18 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: On any given day nearly 3000 foreign national citizens are detained under immigration powers in UK detention centres alone. Around the world immigrants are routinely detained in similar conditions. The institutions charged with immigrant detention are volatile and contested sites. They are also places about which we know very little. What is their goal? How do they operate? How are they justified? Inside Immigration Detention lifts the lid on the hidden world of migrant detention, presenting the first national study of life in British immigration removal centres. Offering more than just a description of life behind bars of those men and women awaiting deportation, it uses staff and detainee testimonies to revisit key assumptions about state power and the legacies of colonialism under conditions of globalization. Based on fieldwork conducted in six immigration removal centres (IRCs) between 2009 and 2012, it draws together a large amount of empirical data including: detainee surveys and interviews, staff interviews, observation, and detailed field notes. From this, the book explores how immigration removal centres identify their inhabitants as strangers, constructing them as unfamiliar, ambiguous and uncertain. In this endeavour, the establishments are greatly assisted by their resemblance to prisons and by familiar racialized narratives about foreigners and nationality. However, as staff and detainee testimonies reveal, in their interactions and day-to-day life women and men find many points of commonality. Such recognition of one another reveals the goal and effect of detention to be incomplete. Denial requires effort. In order to minimize the effort it must expend, the state 'governs at distance', via the contract. It also splits itself in two, deploying some immigration staff onsite, while keeping the actual decision-makers (the caseworkers) elsewhere, sequestered from the potentially destabilizing effects of facing up to those whom they wish to remove. Such distancing, while bureaucratically effective, contributes to the uncertainty of daily life in detention, and is often the source of considerable criticism and unease. Denial and familiarity are embodied and localized activities, whose pains and contradictions inhere in concrete relationships.
Download or read book Detention and Removal written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law and published by . This book was released on 2007 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unequal Justice Under Law Effects of Immigration Detention on Removal Case Outcomes written by Alyssa M Snider and published by . This book was released on 2020 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines whether and how being detained may affect the outcome of an immigrant’s removal case. Prior research has shown that the government often fails to provide a meaningful and individualized reason that an immigrant should be detained. Given the arbitrariness of who is and is not detained during their immigration proceedings, one would expect that being detained should have no effect on the outcome of the court case. To examine the effects of detention on removal case outcomes, I use a public dataset containing case-level information about individuals in removal proceedings. I use these data to estimate several models using ordinary least squares regression to attempt to isolate the effects of detention and detention-related factors on case outcomes. The results of these regressions demonstrate that being detained during any part of the removal proceeding, and particularly at the time their case is decided, makes the individual more likely to be removed. In all models, individuals detained at the time their case is decided are at least 20 percentage points more likely to be removed than someone who was never detained. These results suggest that the existing immigration detention and court systems do not provide equal access to justice and due process to both detained and non-detained immigrants.
Download or read book Immigration Enforcement written by United States. General Accounting Office and published by . This book was released on 2004 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Immigration Detention written by Hillel R. Smith and published by . This book was released on 2019-09-17 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Immigration and Nationality Act (INA) authorizes-and in some cases requires-the Department of Homeland Security (DHS) to detain non-U.S. nationals (aliens) arrested for immigration violations that render them removable from the United States. An alien may be subject to detention pending an administrative determination as to whether the alien should be removed, and, if subject to a final order of removal, pending efforts to secure the alien's removal from the United States. The immigration detention scheme is multifaceted, with different rules that turn on several factors, such as whether the alien is seeking admission into the United States or has been lawfully admitted into the country; whether the alien has engaged in certain proscribed conduct; and whether the alien has been issued a final order of removal. In many instances DHS maintains discretion to release an alien from custody. But in some instances, such as when an alien has committed specified crimes, the governing statutes have been understood to allow release from detention only in limited circumstances. Various provisions confer substantial authority upon DHS to detain removable aliens, but that authority has been subject to legal challenge, particularly in cases involving the prolonged detention of aliens without bond. DHS's detention authority is not unfettered, and due process considerations may inform the duration and conditions of aliens' detention. In 2001, the Supreme Court in Zadvydas v. Davis construed the statute governing the detention of aliens following an order of removal as having implicit, temporal limitations. The Court reasoned that construing the statute to permit the indefinite detention of lawfully admitted aliens after their removal proceedings would raise "serious constitutional concerns." In 2003, however, the Court in Demore v. Kim ruled that the mandatory detention of certain aliens pending their removal proceedings, at least for relatively brief periods, was constitutionally permissible. The interplay between the Zadvydas and Demore rulings has called into question whether the constitutional standards for detention prior to a final order of removal differ from those governing detention after a final order is issued. Several lower courts have interpreted Demore to mean that mandatory detention pending removal proceedings is not per se unconstitutional, but that Zadvydas cautions that if this detention becomes "prolonged" it may not comport with due process requirements. Additionally, some lower courts have recognized constraints on DHS's detention power that the Supreme Court has not yet considered. For instance, some courts have ruled that the Due Process Clause requires aliens in removal proceedings to have bond hearings when detention becomes prolonged, where the government bears the burden of proving that the alien's continued detention is justified. In addition, a settlement agreement known as the "Flores Settlement," which is enforced by a federal district court, currently limits DHS's ability to detain alien minors who are subject to removal. Further, while litigation concerning immigration detention has largely centered on the duration of detention, some courts have considered challenges to the conditions of immigration confinement, generally under the standards applicable to pretrial detention in criminal cases. Some courts have also restricted DHS's ability to take custody of aliens detained by state or local law enforcement officials upon issuance of "immigration detainers." In short, while DHS generally has broad authority over the detention of aliens, that authority is not without limitation. As courts continue to grapple with legal and constitutional challenges to immigration detention, Congress may consider legislative options that clarify the scope of the federal government's detention authority.
Download or read book Immigration enforcement better data and controls are needed to assure consistency with the Supreme Court decision on longterm alien detention report to congressional requesters written by and published by DIANE Publishing. This book was released on 2004 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Problems with ICE Interrogation Detention and Removal Procedures written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law and published by . This book was released on 2008 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Detention and Removal of Illegal Aliens written by and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report presents the results of our review of DHS's Immigration and Customs Enforcement (ICE) program for detaining and removing illegal aliens apprehended in the United States and at ports of entry. The objective of the review was to determine the extent to which the Office of Detention and Removal is performing its mission to remove all illegal aliens who are removable, including those that pose a potential national security or public safety threat to the U.S.
Download or read book Detain and Deport written by Nancy Hiemstra and published by University of Georgia Press. This book was released on 2019-03-15 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detention and deportation have become keystones of immigration and border enforcement policies around the world. The United States has built a massive immigration enforcement system that detains and deports more people than any other country. This system is grounded in the assumptions that national borders are territorially fixed and controllable, and that detention and deportation bolster security and deter migration. Nancy Hiemstra’s multisited ethnographic research pairs investigation of enforcement practices in the United States with an exploration into conditions migrants face in one country of origin: Ecuador. Detain and Deport’s transnational approach reveals how the U.S. immigration enforcement system’s chaotic organization and operation distracts from the mismatch between these assumptions and actual outcomes. Hiemstra draws on the experiences of detained and deported migrants, as well as their families and communities in Ecuador, to show convincingly that instead of deterring migrants and improving national security, detention and deportation generate insecurities and forge lasting connections across territorial borders. At the same time, the system’s chaos works to curtail rights and maintain detained migrants on a narrow path to deportation. Hiemstra argues that in addition to the racialized ideas of national identity and a fluctuating dependence on immigrant labor that have long propelled U.S. immigration policies, the contemporary emphasis on detention and deportation is fueled by the influence of people and entities that profit from them.
Download or read book Department of Justice Immigration and Naturalization Service and Executive Office for Immigration Review written by United States. General Accounting Office. Office of the General Counsel and published by . This book was released on 1997 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Immigrants and Illegal Aliens written by Megan A. Yates and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aliens may be removed from the United States for a variety of reasons, such as having entered the country unlawfully, overstaying a visa, or committing a crime. Prior to removal, however, aliens usually have access to a removal hearing or some other form of adjudication that determines whether they are subject to removal. Although judicial review by a federal court of appeals of a removal order is generally available, Congress has determined that review by the federal courts will not be available with respect to certain types of removals, such as expedited removal orders, crime-related removals, discretionary determinations and matters involving prosecutorial discretion. This book analyzes the jurisdictional issues in the Immigration and Nationality Act (INA) by focusing on the procedural mechanisms used to initiate judicial review and the reach of an Article III court's jurisdiction to review a removal order.
Download or read book Yearbook of Immigration Statistics written by and published by . This book was released on 2004 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Download or read book Immigration Detention and Enforcement written by Viresh van Baardewijk and published by Nova Snova. This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Immigration and Nationality Act (INA) authorizes--and in some cases requires--the Department of Homeland Security (DHS) to detain non-U.S. nationals (aliens) arrested for immigration violations that render them removable from the United States. An alien may be subject to detention pending an administrative determination as to whether the alien should be removed, and, if subject to a final order of removal, pending efforts to secure the alien's removal from the United States. The immigration detention scheme is multifaceted, with different rules that turn on several factors, such as whether the alien is seeking admission into the United States or has been lawfully admitted into the country; whether the alien has engaged in certain proscribed conduct; and whether the alien has been issued a final order of removal. In many instances DHS maintains discretion to release an alien from custody. But in some instances, such as when an alien has committed specified crimes, the governing statutes have been understood to allow release from detention only in limited circumstances. This book focuses on current topics concerning immigration detention and enforcement.
Download or read book Detention and Removal written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law and published by . This book was released on 2007 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
