Immigration Detention : Law, History, Politics
The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.
- Electronic book text | 408 pages
- 23 Nov 2011
- CAMBRIDGE UNIVERSITY PRESS
- Cambridge University Press (Virtual Publishing)
- Cambridge, United Kingdom
'This book constitutes a very important contribution to the human rights debate by refusing to disregard the rights of others and holding up a mirror to our legal and political world to reveal the hypocrisy which is inherent in the detention of foreigners.' Professor Guild, Kingsley Napley LLP 'Dan Wilsher has written a well-researched, thoughtful, challenging, and extremely important book. His analysis is both theoretically sharp and well-attuned to practical issues with which he has considerable real-world experience. By focusing on the specific legal and political problems caused by immigration detention, Wilsher raises powerful questions about our commitment to the rule of law itself. His proposed solutions stand in the best traditions of human rights law, broadly, pragmatically, and humanely understood. This book should be read not only by those who care about the rights of noncitizens, but also by all who are concerned about recent erosions in legal protections for us all.' Daniel Kanstroom, Professor of Law and Director, International Human Rights Program, Boston College Law School 'For scholars of immigration enforcement, statecraft, governmentality, and critical legal studies, this is a fascinating analysis.' Lauren Martin, Environment and Planning D: Society and Space 'Wilsher's book ably tackles not only the details of immigration detention in a number of states, but also the deeper constitutional principles underlying the debate over such detention. It is essential reading for anyone interested in the detention of foreign nationals on immigration or security grounds.' Steve Peers, International Journal of Refugee Law '... a compelling narrative of how history, politics and law have resulted in the present unprecedented use of immigration detention, and the fertile ground they provide for alternatives.' Rayner Thwaites, The Modern Law Review
About Daniel Wilsher
Daniel Wilsher is a senior lecturer in law at City Law School, London and a part-time immigration judge in the Immigration and Asylum Chamber, First Tier Tribunal.
Table of contents
1. The emergence of detention: from free movement to regulated borders in the common law world; 2. Modern immigration detention: the growth of the bureaucratic enterprise in United States, United Kingdom, Australia and France; 3. International law and immigration detention: between territorial sovereignty and emerging human rights norms; 4. Immigration detention and the European Union: the supra-national dimension and the demise of territorial sovereignty?; 5. Immigration detention as a tool of public and national security: the problem of internment in modern times; 6. Global migration and the politics of immigration detention; 7. Drawing boundaries around detention: finding a principled and practical approach.