Описание: Discussions about U.S. migration policing have traditionally focused on enforcement along the highly charged U.S.-Mexico boundary. Enforcement practices such as detention policies designed to restrict access to asylum also transpire in the Caribbean. Boats, Borders, and Bases tells a missing, racialized history of the U.S. migration detention system that was developed and expanded to deter Haitian and Cuban migrants. Jenna M. Loyd and Alison Mountz argue that the U.S. response to Cold War Caribbean migrations established the legal and institutional basis for contemporary migration detention and border-deterrent practices in the United States. This book will make a significant contribution to a fuller understanding of the history and geography of the United States's migration detention system.
Описание: Discussions about U.S. migration policing have traditionally focused on enforcement along the highly charged U.S.-Mexico boundary. Enforcement practices such as detention policies designed to restrict access to asylum also transpire in the Caribbean. Boats, Borders, and Bases tells a missing, racialized history of the U.S. migration detention system that was developed and expanded to deter Haitian and Cuban migrants. Jenna M. Loyd and Alison Mountz argue that the U.S. response to Cold War Caribbean migrations established the legal and institutional basis for contemporary migration detention and border-deterrent practices in the United States. This book will make a significant contribution to a fuller understanding of the history and geography of the United States's migration detention system.
Автор: Wilsher Название: Immigration Detention ISBN: 1107417023 ISBN-13(EAN): 9781107417021 Издательство: Cambridge Academ Рейтинг: Цена: 7445.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The use of detention to control immigration calls into question modern states` adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention without judicial control as a tool against irregular migration and as a public security measure.
Автор: Dunlop Rory Название: Detention Under the Immigration Acts: Law and Practice ISBN: 0198714130 ISBN-13(EAN): 9780198714132 Издательство: Oxford Academ Рейтинг: Цена: 18216.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The only text to provide a comprehensive and detailed analysis of the law relating to immigration detention, this book also provides exploration of issues that are yet to be thoroughly examined in domestic jurisprudence, such as the effect of recent case law of the European Court of Human Rights and Court of Justice of the European Union.
Автор: Stefanelli Justine Название: Judicial Review of Immigration Detention in the UK, US and E ISBN: 1509930450 ISBN-13(EAN): 9781509930456 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Immigration detention is considered by many states to be a necessary tool in the execution of immigration policy. Despite the apparently key role it plays in immigration enforcement, the law on immigration detention is often vague, especially in relation to determining the circumstances under which prolonged detention remains lawful. As a result, the courts are frequently called upon to adjudicate these matters, with scant legal tools at their disposal. Though there have been some significant judgments on the legality of detention at the constitutional level, the extent to which these judgments have had an impact at the lower end of the judiciary is unclear. Indeed, it is the lower courts which are tasked with judging the legality of detention through habeas corpus or judicial review proceedings.
This book examines the way this has occurred in the lower courts of two jurisdictions, the UK and the US, and contrasts this practice not only in those jurisdictions, but with judgments rendered by the Court of Justice of the European Union, a constitutional court at the other end of the judicial spectrum whose judgments are applied by courts and tribunals in the EU Member States. Although these three jurisdictions use similar tests to evaluate the legality of detention, case outcomes significantly differ. Many factors contribute to this divergence, but key among them is the role that fundamental rights protection plays in each jurisdiction. Through a forensic evaluation of 191 judgments, this book compares the laws on detention in the UK, US and EU, and makes recommendations to these jurisdictions for improvement.
Название: Intimate Economies of Immigration Detention ISBN: 0367872919 ISBN-13(EAN): 9780367872915 Издательство: Taylor&Francis Рейтинг: Цена: 6430.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides a timely intervention, offering much needed scrutiny of the ideologies, policies and practices that enable the troubling, unparalleled and seemingly unbridled growth of immigration detention around the world. An international collection of scholars provide crucial new insights into immigration detention recounting at close ran
Описание: In January and March 2017, the President issued a series of executive orders related to border security and immigration. The orders direct federal agencies to take a broad range of actions with potential resource implications. For example, Executive Order 13767 instructs DHS to construct a wall or other physical barriers along the U.S. southern border and to hire an additional 5,000 U.S. Border Patrol agents. Executive Order 13768 instructs federal agencies, including DHS and DOJ, to ensure that U.S immigration law is enforced against all removable individuals and directs ICE to hire an additional 10,000 immigration officers. Executive Order 13780 directs agencies to develop a uniform baseline for screening and vetting standards and procedures; and established nationality-based entry restrictions with respect to visa travelers for a 90-day period, and refugees for 120 days. For the last several years, Central American migrant families have arrived at the U.S.-Mexico border in relatively large numbers, many seeking asylum. Federal immigration laws set forth procedures governing the exclusion and removal of non-U.S. nationals (aliens) who do not meet specified criteria regarding their entry or presence within the United States. Typically, aliens within the United States may not be removed without due process
The terms "unlawful detention" and "false imprisonment" are often used interchangeably. Unlawful detention is commonly used to determine, in the context of immigration cases, whether the Secretary of State has acted without valid legal authority to detain an individual. However, false imprisonment refers to a situation under common law, which gives rise to a civil claim for damages. It is a strict liability tort and no demonstrable loss is needed to establish this. For the purposes of this guide the term unlawful detention will be used more generally. This guide will explore the mechanics of bail and where bail is refused, how to secure through judicial review if there has been an assessment that detention may be unlawful. In addition, where there is historic period of detention, this guide will look at how best to start a civil claim in the civil courts.
This guide will also help practitioners to navigate through the law and policies on detention and the important common law principles that have developed over time, to limit detention. These are now known as 'Hardial Singh principles'. It hopes to provide some clarity on how to make an assessment as to the level of damages available and whether such a claim should be pursued if only 'nominal damages' are available.
ABOUT THE AUTHOR
Samina Iqbal is a senior public law and immigration practitioner with over 20 years' experience, who also has a background in family law. Samina was also first appointed as a Fee-Paid Judge in the First-Tier Tribunal (Immigration and Asylum Chamber) in 2006 and has subsequently been appointed to the Social Entitlement Chamber in 2018 and in 2017, as an Environment and Traffic Adjudicator.
She is committed to inspiring and training more junior women at the Bar, being acutely aware of gender disparities in the profession not just within the UK but also more pervasively in South-East Asia. She has been recognised for her selfless social activism and dedication; and was recently awarded 'Champion of the Year' for Inspirational Women in Law Awards 2020 and nominated as 'International Pro Bono Barrister of the Year' in the Advocate Bar Pro Bono Awards 2020.
Samina's growing specialism has been in challenges to unlawful detention, crossing over with claims for damages in the civil courts. Her expertise and vast experience in this area means she is often considered by her instructing solicitors as the "go-to" person for such cases. She has also delivered extensive training seminars and webinars in this areas of the law.
CONTENTS
Overview
Chapter 1 - Statutory Framework on Detention
Chapter 2 - Limits on Detention
Chapter 3 - Home Office Policies and Rules
Chapter 4 - Medical Assessments in Detention
Chapter 5 - Bail
Chapter 6 - Judicial Review - Unlawful Detention
Chapter 7 - Civil Claims for False Imprisonment
Chapter 8 - Damages
Appendix - Table of Cases Relating to Quantum
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