GDP News & Publications

                        • Yale University: Michael Flynn gave a presentation at the conference "Detention on a Global Scale: Punishment and Beyond," hosted by the Yale Law School on 9-10 April. Flynn's presentation was titled "Liberty or Security? Human Rights and the Expanding Landscape of Immigration Detention." Other presenters on Flynn's panel included Mary Bosworth, Allegra McLeod, and Zonke Majodina.
                        • UN Committee on Migrant Workers: In March the GDP provided submissions to the UN Committee on Migrant Workers for the List of Issues Prior to Reporting for Honduras and Nicaragua, to be adopted at the Committee's 22 session in April 2015.
                        • UN Working Group on Arbitrary Detention: At the request of the Working Group on Arbitrary Detention, the GDP submitted a list of final edits and additions for the "draft basic principles and guidelines on remedies and procedures on the right of anyone deprived of his or her liberty by arrest or detention to bring proceedings before court, in order that the court may decide without delay on the lawfulness of his or her detention and order his or her release if the detention is not lawful." Read the submission here. This intervention follows on the GDP's previous submission from January 2014, which were provided as part of a thematic study undertaken by the WGAD in preparation for the drafting of the basic principles and guidelines. Read the January 2014 submission.

                        Apropos

                        "The [new U.S. House of Representatives government funding bill] adds 2,000 agents at border ports and mandates that Immigration and Customs Enforcement 'maintain a level of not less than 34,000 detention beds through September 30, 2014.' This represents, at a cost of 2.8 billion, 'the highest detention capacity in history.' It is mindless to keep throwing billions at border enforcement and detention at a time when illegal immigration [in the United States] is at historic lows. ... Why make the people who run a vast and expensive law-enforcement apparatus responsible for keeping prison beds warm rather than communities safe--especially when there are low-cost alternatives to detention that don't involve fattening the bottom lines of for-profit prison corporations?"
                        New York Times, 20 January 2014


                        “[Immigration] detention is the opposite of criminalization in the sense that it is putting people in prison without using the criminal process. ... The present system we have is one of administrative discretion that allows a vast amount of detention to go on without any proper rules of law and oversight. If there is going to be detention it should be criminal rather than administrative. That would make it much harder to detain. Governments would have to rethink because the criminal process is just a lot more difficult, and more costly, and more demanding.”
                        Dan Wilsher, Presentation at the Graduate Institute, 8 March 2012.

                         

                         

                        "Allowing the private sector to run immigration detention will mean ... an ever increasing number of people coming into the system and staying there longer ... as companies seek to maintain and expand their markets."

                        Stephen Nathan, Presentation at the Graduate Institute, Geneva, 2 March 2010

                         

                        Featured Countries

                         

                        Jordan

                        In late 2014, a court in Amman ruled that an Egyptian guest worker whose permit had been terminated by his employer was wrongfully placed in immigration detention and must be compensated for financial and psychological damages. The historic ruling was described by one observer as a "first of its kind" for the entire Middle East region. Several months earlier, a riot broke out in Jordan’s Zaatri refugee camp after police arrested a group of people who were attempting to leave the camp without authorization. The riot, which led to violent clashes with police and left one Syrian refugee dead, was the latest in a series of incidents at the camp, where refugees have protested terrible living conditions. With one of the world's largest foreign-born populations and as host to hundreds of thousands of Syrian refugees, Jordan faces enormous migratory and humanitarian pressures. UNHCR has lauded the country's efforts to accommodate refugees and the recent guest-worker legal victory signals some level of commitment to international human rights standards. However, enormous hurdles remain, particularly with respect to the treatment of the country's foreign-born workers who continue to face systematic abuse of their rights, including in some cases deprivation of liberty at the hands of their employers. Jordan's pivotal role in the regional migration phenomenon has not gone unnoticed in Brussels, where officials at the European Commission have lauded the recent establishment of a mobility agreement between the EU and Jordan that is aimed in part at easing the return of undocumented migrants from EU countries back to Jordan.

                         

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                        Libya

                        With Libya experiencing large-scale internal displacement as the country becomes increasingly engulfed in civil war, migrants, asylum seekers, and refugees are finding themselves systematically exposed to arbitrary and indefinite detention. Concerns highlighted by observers include the increasing absence of oversight at detention facilities as social services in the country grind to a halt, the involvement of militias in detaining foreigners, the lack of any legal process providing for detention, the corruption and endemic anti-black racism apparent at detention facilities, and the “abysmal” and “unacceptable” conditions at most facilities. Despite these concerns, the EU and Italy have continued to invest millions of Euros in Libyan detention efforts and maintain pressure on the country to block the passage of migrants and asylum seekers hoping to make it to Europe.

                         

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                        Austria

                        In early 2014, Austria opened its first specialized immigration detention facility. The development comes after more than two decades of criticism from national and international observers, who have pressed the country not to detain migrants and asylum seekers in prisons and other criminal facilities. The opening, however, was accompanied by controversy because of the decision to outsource security and other services at the facility to a much-criticized private prison firm, G4S. The development also coincides with marked decreases in the numbers of people detained for immigration-related reasons, which have gone down by some 30 percent over the last five years, a trend observed in several other EU countries.

                         

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