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Keywords = mandatory detention

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13 pages, 276 KB  
Article
Dealing with the ‘Crimmigrant Other’ in the Face of a Global Public Health Threat: A Snapshot of Deportation during COVID-19 in Australia and New Zealand
by Henrietta McNeill
Soc. Sci. 2021, 10(8), 278; https://doi.org/10.3390/socsci10080278 - 21 Jul 2021
Cited by 6 | Viewed by 6127
Abstract
While global travel largely stopped and borders closed during the COVID-19 pandemic, states continued to deport individuals who had been sentenced for committing criminal offences. In Australia and New Zealand, questions over whether and how deportation of migrants during a global pandemic should [...] Read more.
While global travel largely stopped and borders closed during the COVID-19 pandemic, states continued to deport individuals who had been sentenced for committing criminal offences. In Australia and New Zealand, questions over whether and how deportation of migrants during a global pandemic should occur were raised: weighing up arguments of legality, public health, and security. This left many migrants uncertain, isolated in immigration detention waiting for an unknown departure date. The decision was made to continue the deportation process for many, and in some cases breaches of public health restrictions were the basis for deportation. Once deported, mandatory quarantine on arrival under COVID-19 restrictions highlights and exacerbates the challenges that returning offenders normally face. These include extended detention periods; surveillance through detention and monitoring; and securitised discourse by the media and public creating ongoing stigma. This snapshot enables us to understand how states prioritised the removal of ‘the crimmigrant other’, a securitised threat, while facing the material threat of COVID-19. Full article
(This article belongs to the Special Issue Crimmigration in the Age of COVID-19)
16 pages, 282 KB  
Article
Disrupting State Spaces: Asylum Seekers in Australia’s Offshore Detention Centres
by Rachel Sharples
Soc. Sci. 2021, 10(3), 82; https://doi.org/10.3390/socsci10030082 - 1 Mar 2021
Cited by 7 | Viewed by 14186
Abstract
The Australian government has spent over a billion dollars a year on managing offshore detention (Budget 2018–2019). Central to this offshore management was the transference and mandatory detention of asylum seekers in facilities that sit outside Australia’s national sovereignty, in particular on Manus [...] Read more.
The Australian government has spent over a billion dollars a year on managing offshore detention (Budget 2018–2019). Central to this offshore management was the transference and mandatory detention of asylum seekers in facilities that sit outside Australia’s national sovereignty, in particular on Manus Island (Papua New Guinea) and Nauru. As a state-sanctioned spatial aberration meant to deter asylum seekers arriving by boat, offshore detention has resulted in a raft of legal and policy actions that are reshaping the modern state-centric understanding of the national space. It has raised questions of sovereignty, of moral, ethical and legal obligations, of national security and humanitarian responsibilities, and of nationalism and belonging. Using a sample of Twitter users on Manus during the closure of the Manus Island detention centre in October–November 2017, this paper examines how asylum seekers and refugees have negotiated and defined the offshore detention space and how through the use of social media they have created a profound disruption to the state discourse on offshore detention. The research is based on the premise that asylum seekers’ use social media in a number of disruptive ways, including normalising the presence of asylum seekers in the larger global phenomena of migration, humanising asylum seekers in the face of global discourses of dehumanisation, ensuring visibility by confirming the conditions of detention, highlighting Australia’s human rights violations and obligations, and challenging the government discourse on asylum seekers and offshore detention. Social media is both a tool and a vehicle by which asylum seekers on Manus Island could effect that disruption. Full article
(This article belongs to the Special Issue Human Rights and Displaced People in Exceptional Times)
20 pages, 247 KB  
Article
Using Risk to Assess the Legal Violence of Mandatory Detention
by Robert Koulish
Laws 2016, 5(3), 30; https://doi.org/10.3390/laws5030030 - 5 Jul 2016
Cited by 3 | Viewed by 7925
Abstract
Immigration mandatory detention is a particularly harsh example of the structural violence embedded in immigration enforcement. It deprives liberty without bond for immigrants with prior crimes, and assigns many individuals to the harsh conditions associated with unnecessary and even wrongful detention. Mandatory detention [...] Read more.
Immigration mandatory detention is a particularly harsh example of the structural violence embedded in immigration enforcement. It deprives liberty without bond for immigrants with prior crimes, and assigns many individuals to the harsh conditions associated with unnecessary and even wrongful detention. Mandatory detention has been justified on the grounds that mandatory detainees are a danger to public safety. This article puts to the test this presumption of dangerousness among mandatory detainees, and finds, to the contrary, that immigrants with prior charges or convictions are no more dangerous than any other category of individuals in Immigration and Customs Enforcement (ICE) custody. Using the risk classification assessment (RCA) tool, which the author is the first to obtain through the Freedom of Information Act, the article contributes to the growing criticism of mandatory detention, providing evidence that many of those in mandatory detention should probably have never been detained. Full article
(This article belongs to the Special Issue Immigration Law and Criminal Justice)
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