External Staff Publications
First Perspectives on the Zero Draft for the UN Global Compact on Safe, Orderly and Regular Migration
Following the recent publication of the Zero Draft for a UN Global Compact for Safe, Orderly and Regular Migration, 17 expert academics—including GDP Researcher, Izabella Majcher—provide commentary on the positive and negative aspects of the Objectives, as well as the necessary follow up.
Uneven Business: Privatisation of Immigration Detention in Europe
Europe reflects a variety of policy responses to the growth of the immigration control industry – from the privatisation of the management of entire immigration detention estates to keeping all detention facilities in official hands and employing private non-profit groups. In this chapter, Michael Flynn, Matthew Flynn, and Eryn Wagon detail the variety of levels and forms of privatisation adopted across the region, as well as the challenges that the outsourcing of immigration controls posits.
Challenging Immigration Detention: Academics, Activists, and Policy-makers
Governments increasingly rely upon detention to control the movement of undocumented migrants and asylum seekers. Approaching detention from an interdisciplinary perspective, this new edited volume brings together leading writers and thinkers to provide a greater understanding of why it is such an important social phenomenon and suggest ways to confront it locally and globally.
Kidnapped, Trafficked, Detained? The Implications of Non-state Actor Involvement in Immigration Detention
This article critically assesses a range of new non-state actors who have become involved in the deprivation of liberty of migrants and asylum seekers, describes the various forces that appear to be driving their engagement, and makes a series of recommendations concerning the role of non-state actors and detention in global efforts to manage international migration.
Detained Beyond the Sovereign: Conceptualising Non-State Actor Involvement in Immigration Detention
In this chapter for the recent book Intimate Economies of Immigration Detention (Routledge, 2016), Michael Flynn discusses the emergence of new actors in immigration detention systems across the globe and the challenges this poses in efforts to hold states accountable.
From Bare Life to Bureaucratic Capitalism: Analyzing the Growth of the Immigration Detention Industry as a Complex Organization
This journal article by a GDP Contributing Researcher assesses post-structuralist approaches to the study of immigration detention, contrasting them with conceptual approaches developed in bureaucratic capitalism, which highlight the various private- and public-sector interests impacting the evolution of detention regimes.
The Immigration Detention Puzzle
We should be shocked that so many countries fail to provide even basic details about their immigration detention practices. And yet, for those who have worked on this issue over the last two decades, the absence of public accountability about detention comes as no surprise.
Sovereign Discomfort: Can Liberal Norms Lead to Increasing Immigration Detention?
Liberal democracies betray discomfort at public scrutiny of immigration detention, neglecting to release statistics, cloaking detention in misleading names, and limiting what they define as deprivation of liberty. These countries have also expanded their detention activities and encourageed their neighbors to do the same. What explains this simultaneous reticence towards and embrace of detention?
Detaining Outsiders: Migrants, Borders, and Security
Research undertaken by the Global Detention Project indicates that an often over-looked variable shaping detention policies and practices is the response by states to pressure stemming from key international norms relevant to the rights of non-citizens, including the right to liberty and security of the person. Available here.
The CJEU’s Ruling in Celaj: Criminal penalties, entry bans and the Returns Directive
In its ruling in the Skerdjan Celaj case (C-290/14), rendered on 1st October 2015, the Court of Justice of the European Union (CJEU) addressed once again the relation between immigration and criminal law and in particular the compatibility of national penal measures imposed as a punishment for irregular migration with the EU Returns Directive.
Discipline and Punish? Analysis of the Purposes of Immigration Detention in Europe
Pre-removal detention is usually considered an administrative measure aimed at the facilitation of the removal of irregular migrants by preventing them from absconding during removal proceedings. The administrative nature of immigration detention implies that persons subject to this measure do not have access to the fair trial guarantees that criminal detainees are entitled to. However, the assessment of pre-removal detention under European Union and Swiss legislation demonstrates the penal nature of such detention despite its formal administrative classification.
The EU Returns Directive and the Use of Prisons for Detaining Migrants in Europe
Can immigration detainees be held in prisons? Can they be confined alongside ordinary prisoners? On 17 July 2014, in its decisions on the joint cases of Bero & Bouzalmate and the case of Pham, the Court of Justice of the European Union (CJEU) rendered its opinion on these practices.
Human Rights Violations during EU Border Surveillance and Return Operations: Frontex’ Shared Responsibility or Complicity?
As the International Law Association highlights “[power] entails accountability, that is the duty to account for its exercise.” Against this background, the article focuses on the question of accountability of the European Union (EU) border agency Frontex for potential human rights violations that may occur in the course of its operations. The article aims to […]
There and Back Again: On the Diffusion of Immigration Detention
From Mexico to the Bahamas, Mauritania to Lebanon, Turkey to Saudi Arabia, South Africa to Indonesia, Malaysia to Thailand, immigration-related detention has become an established policy apparatus that counts on dedicated facilities and burgeoning institutional bureaucracies. Until relatively recently, however, detention appears to have been largely an ad hoc tool, employed mainly by wealthy states in exigent circumstances. This paper uses concepts from diffusion theory to detail the history of key policy events in several important immigration destination countries that led to the spreading of detention practices during the last 30 years and assesses some of the motives that appear to have encouraged this phenomenon.
Crimmigration in the European Union: The Case of Immigration Detention
For over a decade U.S immigration scholars and practitioners have observed a growing convergence between criminal justice and migration control systems. Regular posts at the crImmigration.com blog document the spread of this phenomenon in the U.S. This post, which builds on the author’s Global Detention Project working paper “Crimmigration” in the European Union through the […]
The European Union Returns Directive: Does it prevent arbitrary detention?
This article provides a critical analysis of immigration detention regime under European Union (EU) law. It assesses the relevant provisions of the EU Returns Directive and their domestic implementation in several EU states against the underlying requirement for any deprivation of liberty not to amount to arbitrary detention. Three elements embodied in this requirement are highlighted: the exceptional nature […]
Who Must Be Detained? Proportionality as a Tool for Critiquing Immigration Detention Policy
The article for Refugee Survey Quarterly endeavours to use the legal principle of proportionality as a tool to critique immigration detention practices and policies. To this end, the article proposes a methodology for assessing operations at detention centres that opens the phenomenon up to empirical study and allows for comparative research of detention practices across […]
Rethinking Pre-removal Immigration Detention in the United States: Lessons from Europe and Proposals for Reform
In this article for Refugee Survey Quarterly, Christina Fialho, a former research intern at the Global Detention Project and founder of the California-based Community Initiatives for Visiting Immigrants in Confinement (CIVIC), examines the legality of lengthy detention of non-citizens held in pre-removal immigration detention in the United States, while presenting a comparative analysis of the European Union and […]
The Elastic Frontier
Concurrent with high-profile border control efforts, the United States has been busy quietly formulating and putting in place a strategy aimed at pushing migrant interdiction, detention, and deterrence into neighboring countries. These beyond-the-border efforts have led some observers to describe what they see as the southward migration of the U.S.-Mexico border, or to call the […]
Searching for Safe Haven
Most of the world’s up-rooted are migrants—people who have left their countries in search of food, better living conditions, jobs, or to be with family members. Who deserves protection? What responsibilities should governments and the international community shoulder? How can refugee pro- tection efforts be fine-tuned? What is the price we pay for not coming […]
U.S. Immigration Policies: The Double Standard
This op-ed for the Chicago Trbiune assesses the U.S. detention policy enshrining a double standard between treatment of Haitians that was quietly issued in 2001 by the Bush administration in the hopes of deterring a wave of migrants and asylum seekers fleeing the rapidly deteriorating political and economic conditions in Haiti. Haitians making it to U.S. territory would […]
- Conferences & Presentations
- Country Detention Reports
- External Staff Publications
- Special Reports
- Submissions & Recommendations
- Working Papers
- Immigration Detention in Norway: Fewer Asylum Seekers but More Deportees
- Immigration Detention in Lebanon: Deprivation of Liberty at the Frontiers of Global Conflict
- First Perspectives on the Zero Draft for the UN Global Compact on Safe, Orderly and Regular Migration
- Uneven Business: Privatisation of Immigration Detention in Europe
- Submission to the UN Committee on the Elimination of Discrimination against Women (CEDAW): Saudi Arabia
- Immigration Detention in Greece
- January 2018 Newsletter
- Immigration detention in Italy
- The Global South and the World: Past, Present and Future
- October 2017 Newsletter