Immigration Detention, Risk and Human Rights

This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants.

In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.

Auteur

Maria João Guia is a PhD (summa cum laude) in Law, Justice and Citizenship at the XXIst century at the University of Coimbra, Portugal and author of the thesis "Immigration, 'Crimmigration' and violent crime. The convicted inmates and the representations of Immigration and Crime". She is Associate Researcher at the Centre of Human Rights, at the Faculty of Law, University of Coimbra. Her most recent edited book, The Illegal Business of Human Trafficking (Springer, 2015). Maria was appointed in 2012 as a SYLFF Fellow for her leadership and organisational skills and was (until dec 2015) independent external expert of the European Commission on the area of Security, Freedom and Justice and currently director of CINETS (www.crimmigrationcontrol.com).

Robert Koulish, Ph.D. is Director of MLAW Programs, undergraduate law programming at the University of Maryland in the College of Behavioural and Social Sciences, Joel J. Feller Research Professor of Government and Politics, at the University of Maryland, College Park, MD 20742. He is Lecturer at Law at UMD Carey School of Law. He is the author of Immigration and American Democracy: Subverting the Rule of Law (2010), and academic and law review articles, book chapters and op/ed columns about crimmigration, detention, immigration privatization and risk. website: mlaw.umd.edu

Valsamis Mitsilegas is Professor of European Criminal Law, Director of the Criminal Justice Centre and Head of the Department of Law at Queen Mary University of London. He is Co-coordinator of the European Criminal Law Academic Network (ECLAN) and a member of the Commission's Expert Group on European Criminal Policy. From 2001 to 2005 he served as legal adviser to the House of Lords European Union Committee. He is the author of four monographs and over 80 articles in the fields of European, economic and transnational criminal law, immigration and asylum law and the relationship between security and human rights, in particular the right to privacy. His latest book is The Criminalisation of Migration in Europe (Springer, 2015).

Contenu

The Sovereign Bias of Crimmigration Enforcement and Detention, by Robert Koulish.- Sovereign Discomfort: Can Liberal Norms Lead to Increasing Immigration Detention? by Michael Flynn.- Immigration Detention, Risk and Human Rights in the Law of the European Union. Lessons from the Returns Directive, by Valsamis Mitsilegas.- Immigration Detention and Non-Removability before the European Court of Human Rights, by Marloes Anne Vrolijk.- Immigration Detention: An Instrument in the Fight against Illegal Immigration or a Tool for its Management? by Galina Cornelisse.- Trapped Between Administrative Detention, Imprisonment, and Freedom-in-limbo, by Charles Gosme.- Immunity from Criminal Prosecution And Consular Assistance To The Foreign Detainee According The International Human Rights Law, by Larissa Leite.- Understanding Immigration Detention in the UK and Europe, by Elspeth Guild.- Women's Immigration Detention in Greece: Gender, Control, and Capacity, by Mary Bosworth, Andriani Fili, and Sharon Pickering.- The Changing Nature of the Criminalization of Irregular Migration in Belgium since 1980, by Steven De Ridder and Maartje van der Woude.- Crimmigration Policies and the Great Recession: Analysis of the Spanish Case, by José Ángel Brandariz García.- Immigrants as Detainees: Some Reflections Based on Abyssal Thinking and Other Critical Approaches, by Katia Cardoso .- Mandatory Immigration Detention for U.S. Crimes: The Noncitizen Presumption of Dangerousness, by Mark Noferi.- Let Us In: An Argument for the Right to Visitation in U.S. Immigration Detention, by Christina M. Fialho.- Who Wants to Go to Arizona? A Brief Survey of Criminalization of Immigration Law in the U.S. Context, by Gabriel Haddad Teixeira.