Immigration detention : law, history, politics / by Daniel Wilsher.

Format:

Book

Author/Creator:

Wilsher, Daniel, 1966- author.

Language:

English

Subjects (All):

Noncitizens.

Noncitizen detention centers.

Refugees--Legal status, laws, etc.

Refugees.

Illegal immigration.

Physical Description:

1 online resource (xxiii, 396 pages) : digital, PDF file(s).

Edition:

First edition.

Place of Publication:

Cambridge : Cambridge University Press, 2012.

Language Note:

English.

Summary:

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.

Contents:

Introduction and overview : free movement of persons and liberty of the person

The creation of immigration detention : from free movement to regulated borders in America and the United Kingdom

Modern immigration detention and the rise of the permanent bureaucratic enterprise

International law and immigration detention : between territorial sovereignty and emerging human rights norms

Negotiating detention within the European Union : redefining friends and enemies

Security and immigration detention : the problem of internment in peacetime

Global migration and the politics of immigration detention

Restoring the rule of law and influencing politics : placing boundaries around detention.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

1139152874

1107227399

1283342480

9786613342485

1139160427

1139161423

1139155857

1139157604

1139159372

0511794363

OCLC:

763159255