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This report describes documented incidents and allegations of abuse. It also discusses recent proposals by Immigration and Customs Enforcement (ICE) to address the issue. Human Rights Watch emphasized that the agency should make improvements swiftly to improve oversight of the entire detention system and the ensure accountability.
This landmark practical guide assists all those involved in monitoring detention conditions and investigating and preventing torture. The prestigious global author team identify the medical, legal and professional frameworks and international instruments applicable to those detained, and highlight how torture or other cruel and inhuman degrading treatments or punishments are identified, investigated and should be prevented. · A comprehensive and wide range of detention settings and circumstances are covered including police stations, prisons, mental health, and social care civil conditions to prisoner of war, detention camps, military, and armed conflict. · Advice, monitoring, and assessment is given for special groups, including the custody of women, children, vulnerable adults, and individuals on hunger strike · Practical guidelines are given for the assessment of ill-treatment of individuals in custody including sexual abuse · Online links to the latest legal, ethical, and medical guidelines for key countries help to make this book appropriate for all. Challenging, thought-provoking yet thoroughly practical, this book is essential reading for anyone involved in the monitoring of detention conditions and the treatment and investigation of individuals in any form of custody. The content is aimed primarily at healthcare professionals but it also highly relevant for anyone who may form part of a visiting team, including lay individuals, lawyers and law enforcement professionals, as well as for academics.
This book offers a brand new point of view on immigration detention, pursuing a multidisciplinary approach and presenting new reflections by internationally respected experts from academic and institutional backgrounds. It offers an in-depth perspective on the immigration framework, together with the evolution of European and international political decisions on the management of immigration. Readers will be introduced to new international decisions on the protection of human rights, together with international measures concerning the detention of immigrants. In recent years, International Law and European Law have converged to develop measures for combatting irregular immigration. Some of them include the criminalization of illegally entering a member state or illegally remaining there after legally entering. Though migration has become a great challenge for policymakers, legislators and society as a whole, we must never forget that migrants should enjoy the same human rights and legal protection as everyone else.
Before the turn of the century, few states used immigration detention. Today, nearly every state around the world has adopted immigration detention policy in some form. States practice detention as a means to address both the accelerating numbers of people crossing their borders, and the populations residing in their states without authorisation. This edited volume examines the contemporary diffusion of immigration detention policy throughout the world and the impact of this expansion on the prospects of protection for people seeking asylum. It includes contributions by immigration detention experts working in Australasia, the Americas, Europe, Africa and the Middle East. It is the first to set out a systematic comparison of immigration detention policy across these regions and to examine how immigration detention has become a ubiquitous part of border and immigration control strategies globally. In so doing, the volume presents a global perspective on the diversity of immigration detention policies and practices, how these circumstances developed, and the human impact of states exchanging individuals’ rights to liberty for the collective assurance of border and immigration control. This text will be of key interest to scholars, students and practitioners of immigration, migration, public administration, comparative policy studies, comparative politics and international political economy.
An intimate look at the people ensnared by the US detention and deportation system, the largest in the world On a bright Phoenix morning, Elena Santiago opened her door to find her house surrounded by a platoon of federal immigration agents. Her children screamed as the officers handcuffed her and drove her away. Within hours, she was deported to the rough border town of Nogales, Sonora, with nothing but the clothes on her back. Her two-year-old daughter and fifteen-year-old son, both American citizens, were taken by the state of Arizona and consigned to foster care. Their mother’s only offense: living undocumented in the United States. Immigrants like Elena, who’ve lived in the United States for years, are being detained and deported at unprecedented rates. Thousands languish in detention centers—often torn from their families—for months or even years. Deportees are returned to violent Central American nations or unceremoniously dropped off in dangerous Mexican border towns. Despite the dangers of the desert crossing, many immigrants will slip across the border again, stopping at nothing to get home to their children. Drawing on years of reporting in the Arizona-Mexico borderlands, journalist Margaret Regan tells their poignant stories. Inside the massive Eloy Detention Center, a for-profit private prison in Arizona, she meets detainee Yolanda Fontes, a mother separated from her three small children. In a Nogales soup kitchen, deportee Gustavo Sanchez, a young father who’d lived in Phoenix since the age of eight, agonizes about the risks of the journey back. Regan demonstrates how increasingly draconian detention and deportation policies have broadened police powers, while enriching a private prison industry whose profits are derived from human suffering. She also documents the rise of resistance, profiling activists and young immigrant “Dreamers” who are fighting for the rights of the undocumented. Compelling and heart-wrenching, Detained and Deported offers a rare glimpse into the lives of people ensnared in America’s immigration dragnet.
How should society manage sex offenders who are released from prison? How can sex offenders be detained in a way that prevents re-offending while respecting civil liberties? Is preventive detention a type of double punishment? Do prison-based sex offender treatment programs work? What is the best way to protect the community from sex offending?Professors McSherry and Keyzer focus on three key modern policy responses to such questions, and the cases that propelled their development:Earl Shriner in Washington State, and the United States approach of detaining 'sexually violent predators' in special institutions;Dennis Ferguson in Queensland, and the Australian post-sentence detention and supervision schemes;John Cronin in Scotland, and the Scottish approach of making orders for lifelong restriction at the time of sentence.
Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments may have replaced 'gut feelings', and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology.
Managing Fear examines the growing use of risk assessment as it relates to preventive detention and supervision schemes for offenders perceived to be at a high risk of re-offending, individuals with severe mental illness, and suspected terrorists. It outlines a number of legislative regimes in common law countries that have broadened ‘civil’ (as opposed to criminal) powers of detention and supervision. Drawing on the disciplines of criminology and social psychology, it explores how and why such schemes reflect a move towards curtailing liberty before harm results rather than after a crime has occurred. Human rights and ethical issues concerning the role of mental health practitioners in assessing risk for the purposes of preventive detention and supervision are explored, and regimes that require evidence from mental health practitioners are compared with those that rely on decision-makers’ notions of ‘reasonable belief’ concerning the risk of harm. Case studies are used to exemplify some of the issues relating to how governments have attempted to manage the fear of future harm. This book aims to educate mental health practitioners in the law relating to preventive detention and supervision schemes and how the legal requirements differ from clinical assessment practices; examine the reasons why there has been a recent renewal of preventive detention and supervision schemes in common law countries; provide a comparative overview of existing preventive detention and supervision schemes; and analyse the human rights implications and the ethics of using forensic risk assessment techniques for preventive detention and supervision schemes.
NATIONAL BESTSELLER A powerful, in-depth look at the imprisonment of immigrants, addressing the intersection of immigration and the criminal justice system, with a new epilogue by the author “Argues compellingly that immigrant advocates shouldn’t content themselves with debates about how many thousands of immigrants to lock up, or other minor tweaks.” —Gus Bova, Texas Observer For most of America’s history, we simply did not lock people up for migrating here. Yet over the last thirty years, the federal and state governments have increasingly tapped their powers to incarcerate people accused of violating immigration laws. Migrating to Prison takes a hard look at the immigration prison system’s origins, how it currently operates, and why. A leading voice for immigration reform, César Cuauhtémoc García Hernández explores the emergence of immigration imprisonment in the mid-1980s and looks at both the outsized presence of private prisons and how those on the political right continue, disingenuously, to link immigration imprisonment with national security risks and threats to the rule of law. Now with an epilogue that brings it into the Biden administration, Migrating to Prison is an urgent call for the abolition of immigration prisons and a radical reimagining of who belongs in the United States.
In any society some people pose a risk to others. For hundreds of years preventive detention has been authorised by governments to ensure people are available for criminal proceedings (e.g. remand), in the mental health area, for quarantine, for inebriates, enemy aliens and sexual predators. This book asks and answers some of the fundamental questions about these regimes.