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Rights, Deportation, and Detention in the Age of Immigration Control$
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Tom K. Wong

Print publication date: 2015

Print ISBN-13: 9780804793063

Published to Stanford Scholarship Online: September 2015

DOI: 10.11126/stanford/9780804793063.001.0001

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The Labyrinth of Immigration Detention

The Labyrinth of Immigration Detention

(p.109) 4 The Labyrinth of Immigration Detention
Rights, Deportation, and Detention in the Age of Immigration Control

Tom K. Wong

Stanford University Press

What are the politics and determinants of immigration detention? This chapter begins by discussing the labyrinthine processes of immigration detention. It then describes conditions of immigration detention in the U.S. and Europe, including cases of death during detention. Mounting international case law criticizing the detention practices of immigrant-receiving democracies, the legal principle of proportionality, arbitrary detention, and inhuman and degrading treatment and punishment are also discussed. The second part of the chapter is the empirical analysis. While immigration detention has become an increasingly prominent component in the machinery of immigration control, it remains unclear what explains its prevalence across Western immigrant-receiving democracies. Moreover, while the immigration industrial complex is rapidly expanding in some countries, this is not the case for all of the countries that are experiencing large-scale immigration. What explains these cross-national variations? I use new comparative data on immigration detention to address these questions.

Keywords:   immigration control, politics, policy, detention, human rights, proportionality, arbitrary detention, alternatives to detention, inhuman and degrading treatment and punishment, immigration industrial complex

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