Immigration Detention Overview and Recommendations
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Non-Exhaustive Overview of European Government Measures Impacting Undocumented Migrants Taken in the Context of COVID-19
Non-exhaustive overview of European government measures impacting undocumented migrants taken in the context of COVID-19 March-August 2020 This document provides an overview of measures adopted by EU member states and some countries outside the EU in response to the COVID-19 pandemic and foreseen economic downturn, about which PICUM has been informed by its members or has learned of through regular media monitoring.1 Additional information and analysis are provided on regularisation measures taken in Italy and Portugal. Given the limitations of time and capacity, our intention is not to provide an exhaustive presentation, but rather to give a useful summary of measures broadly helpful to people who are undocumented, or who are documented but with insecure status, whatever may have been the authorities’ motivations for their implementation. Please contact [email protected] if you have additional information about any of these measures, or wish to propose a correction. 1 We are grateful to all PICUM members who commented on earlier drafts of this document, and to PICUM trainees Raquel Gomez Lopez and Thomas MacPherson who were instrumental in gathering relevant information and preparing this summary. 1 Contents FOR UNDOCUMENTED MIGRANTS . .3 1. Regularisation �������������������������������������������������������������������������������������������������������������������������������������3 1.1. Italy . .3 1.2. Portugal . .6 1.3. Other regularisation measures �������������������������������������������������������������������������������������������������7 -
International Standards on Immigration Detention and Non-Custodial Measures
INTERNATIONAL MIGRATION LAW INFORMATION NOTE INTERNATIONAL MIGRATION LAW UNIT NOVEMBER 2011 IML INFORMATION NOTE ON INTERNATIONAL STANDARDS ON IMMIGRATION DETENTION AND NON-CUSTODIAL MEASURES I. Purpose and Scope of the Information Note .................................................................................................. 2 II. General Principles ......................................................................................................................................... 2 1. Definitions: deprivation of liberty vs. restriction of liberty .................................................................................. 2 2. Legality and legitimate grounds for detention ..................................................................................................... 2 3. Necessity, proportionality and prevention from arbitrariness ............................................................................ 3 4. Procedural safeguards .......................................................................................................................................... 3 III. Specific Standards Applicable to Immigration Detention ............................................................................. 4 1. Right to be informed and to communicate with the outside world .................................................................... 4 2. Registration at detention facilities ....................................................................................................................... 4 3. Maximum -
Covid-19 and Immigration Detention
COVID-19 AND IMMIGRATION DETENTION: LESSONS (NOT) LEARNED 1 Page 02 Mapping Covid-19’s impact on immigration detention: why, where, when and what 2 Pages 03-08 Detention policies during the pandemic: unlawful, unclear and unfair 3 Pages 09-10 Alternatives to detention in Covid-19 times: missed opportunity 4 Pages 11-16 Living in detention in time of Covid-19: increased isolation, uncertainties Table ofTable contents and risks ABOUT JRS CREDITS Jesuit Refugee Service (JRS) is an Drafted by Claudia Bonamini international Catholic organisation with a mission to accompany, serve and Copy-edited by Chiara Leone-Ganado advocate for the rights of refugees and Designed by Pablo Rebaque others who are forcibly displaced. Published on February 2021 Project Learning from Covid-19 Pandemic for a more protective Common European Asylum System. The report Covid-19 and immigration detention: Lessons (not) learned presents the findings and the lessons learned from a mapping on the impact of Covid-19 on administrative detention in seven EU countries (Belgium, Germany, Italy, Malta, Romania, Portugal, Spain) This publication has been supported by the European Programme for Integration and Migration (EPIM), a collaborative initiative of the Network of European Foundations (NEF). The sole responsibility for the publication lies with the organiser(s) and the content may not necessarily reflect the positions of EPIM, NEF or EPIM’s Partner Foundation.” MAPPING COVID-19’S IMPACT ON IMMIGRATION DETENTION: WHY, WHERE, WHEN AND WHAT Between the end of February and the beginning of March 2020 it became clear that the Covid-19 outbreak had reached Europe. -
Charkaoui and Bill C-3 Craig Forcese
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 42 (2008) Article 12 A Bismarckian Moment: Charkaoui and Bill C-3 Craig Forcese Lorne Waldman Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/sclr This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Forcese, Craig and Waldman, Lorne. "A Bismarckian Moment: Charkaoui and Bill C-3." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 42. (2008). http://digitalcommons.osgoode.yorku.ca/sclr/vol42/iss1/12 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in The uS preme Court Law Review: Osgoode’s Annual Constitutional Cases Conference by an authorized editor of Osgoode Digital Commons. A Bismarckian Moment: Charkaoui and Bill C-3 Craig Forcese and Lorne Waldman* I. INTRODUCTION The German statesman Otto von Bismarck once said that “[i]f you like laws and sausages, you should never watch either one being made.”1 The recent enactment of Bill C-32 — the government’s response to the Supreme Court’s February 2007 decision in Charkaoui v. Canada (Citizenship and Immigration)3 — can best be described as a “Bismarckian moment”. An effort to remedy the core defects of the prior immigration security certificate regime, the new law cobbles together a potentially half-hearted “special advocate” regime and converts immigration law into a de facto system of indefinite limits on liberty for foreigners. The new system will generate an inevitable series of new constitutional challenges, some of which may succeed at the Supreme Court unless the deficiencies of Bill C-3 are cured by careful innovation at the Federal Court level. -
Deportation As a Crime of International Law
Is There any Blood on my Hands? Deportation as a Crime of International Law VINCENT CHETAIL∗ Abstract The present article revisits international criminal law as a tool for sanctioning the most patent abuses against migrants. Although deportation is traditionally considered as an attribute of the state inherent to its territorial sovereignty, this prerogative may degenerate into an international crime. The prohibition of deportation has been a well-established feature of international criminal law since the Nuremberg trials following the Second World War. This prohibition has been further refined over the past 15 years by an extensive jurisprudence of the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court. Against such a background, this article demonstrates that, in some circumstances, deport- ation may amount to a war crime, a crime against humanity or even a crime of genocide, depending on the factual elements of the case and the specific requirements of the relevant crime. This article accordingly reviews the constitutive elements of each crime and transposes them into the context of migration control. It highlights in turn that, although its potential has been neglected by scholars and practitioners, international criminal law has an important role to play for domesticating the state’s prerogative of deportation and infusing the rule of law into the field of migration. The article concludes that there are reasonable grounds for asserting that a crime against humanity would have been committed in the Dominican Republic and Australia with regard to their deportation policy. Key words crime against humanity; deportation; genocide; migration 1. -
Rauma at the Border: the Human Cost of Inhumane Immigration Policies
U.S. COMMISSION ON CIVIL RIGHTS TRAUMA AT THE BORDER THE HUMAN COST OF INHUMANE IMMIGRATION POLICIES BRIEFING REPORT U.S. COMMISSION ON CIVIL RIGHTS Washington, DC 20425 Official Business OCTOBER 2019 Penalty for Private Use $300 Visit us on the Web: www.usccr.gov U.S. COMMISSION ON CIVIL RIGHTS MEMBERS OF THE COMMISSION The U.S. Commission on Civil Rights is an Catherine E. Lhamon, Chairperson* independent, bipartisan agency established Patricia Timmons-Goodson, Vice Chairperson by Congress in 1957. It is directed to: Debo P. Adegbile Gail L. Heriot • Investigate complaints alleging that citizens are Peter N. Kirsanow being deprived of their right to vote by reason of their David Kladney race, color, religion, sex, age, disability, or national Karen Narasaki origin, or by reason of fraudulent practices. Michael Yaki • Study and collect information relating to discrimination or a denial of equal protection of the laws under the Constitution Mauro Morales, Staff Director because of race, color, religion, sex, age, disability, or national origin, or in the administration of justice. U.S. Commission on Civil Rights 1331 Pennsylvania Avenue, NW • Appraise federal laws and policies with respect to Washington, DC 20425 discrimination or denial of equal protection of the laws because of race, color, religion, sex, age, disability, or (202) 376-8128 voice national origin, or in the administration of justice. TTY Relay: 711 • Serve as a national clearinghouse for information www.usccr.gov in respect to discrimination or denial of equal protection of the laws because of race, color, religion, sex, age, disability, or national origin. • Submit reports, findings, and recommendations to the President and Congress. -
There Are Alternatives
There are alternatives A handbook for preventing Including the Revised unnecessary immigration Community Assessment and detention (revised edition) Placement model (CAP) The International Detention Coalition (IDC) is a unique global network, of over 300 civil society organisations and individuals in more than 70 countries that advocate for, research and provide direct services to refugees, asylum-seekers and migrants affected by immigration detention. Coalition members are supported by the IDC Secretariat offce, located in Melbourne, Australia, and regional staff based in Berlin, Germany, London, United Kingdom, Geneva, Switzerland, Mexico City, Mexico and Kuala Lumpur, Malaysia. IDC Secretariat Level 1, 112 Langridge Street Melbourne Victoria 3066 Australia Email: [email protected] Website: www.idcoalition.org © International Detention Coalition, 2015 ISBN Paperback: 978-0-9871129-8-9 ISBN PDF version: 978-0-9871129-9-6 Published by the International Detention Coalition Melbourne, Australia Recommended citation: Sampson, R., Chew, V., Mitchell, G., and Bowring, L. There Are Alternatives: A Handbook for Preventing Unnecessary Immigration Detention (Revised), (Melbourne: International Detention Coalition, 2015). Design and layout by Haydn Jones Communication Design The views expressed in this document are those of the authors. This report is available online at http://www.idcoalition.org Acknowledgements The revised edition of this Handbook was written by Dr. Robyn Sampson of the Swinburne Institute for Social Research at Swinburne University of Technology as well as Vivienne Chew, Grant Mitchell and Lucy Bowring of the International Detention Coalition (IDC). Research for this revised edition was undertaken by Adele Cubbitt, Elba Coria Marquez, Gisele Bonnici, Ben Lewis, Jem Stevens, Vanessa Martinez, Leeanne Torpey, Libby Zerna, Katherine Wright, Caroline Stephens, Athena Rogers, Jocelyne Cardona, Ahmed Correa, Beth Edgoose, Danielle Grigsby, Shaista Kiran, Thais Pinheiro, Catherine Stubberfeld, Natasha Warchalok and Rosario Rizzo Lara. -
Country Report: Portugal
Country Report: Portugal 2020 Update Acknowledgements & Methodology This report was written by Inês Carreirinho at the Portuguese Refugee Council (CPR) and was edited by ECRE. The information in this report draws on the experience of CPR staff, gathered inter alia through research, advocacy, legal assistance and reception services, as well as data and information shared by national authorities, civil society organisations and other stakeholders consisting of CRegC, Crescer, CSTAF, DGE, DGEstE, IEFP, IOM, ISS, OTSH, SCML, and SEF. CPR appreciates their contributions. The views expressed in this report are those of the author and do not in any way represent the views of the contributing organisations. The information in this report is up to date as of 31 December 2020, unless otherwise stated. The Asylum Information Database (AIDA) The Asylum Information Database (AIDA) is coordinated by the European Council on Refugees and Exiles (ECRE). It aims to provide up-to date information on asylum practice in 23 countries. This includes 19 EU Member States (AT, BE, BG, CY, DE, ES, FR, GR, HR, HU, IE, IT, MT, NL, PL, PT, RO, SE, SI) and 4 non-EU countries (Serbia, Switzerland, Turkey, United Kingdom) which is easily accessible to the media, researchers, advocates, legal practitioners and the general public through the dedicated website www.asylumineurope.org. The database also seeks to promote the implementation and transposition of EU asylum legislation reflecting the highest possible standards of protection in line with international refugee and human rights law and based on best practice. This report is part of the Asylum Information Database (AIDA), funded by the European Programme for Integration and Migration (EPIM), a collaborative initiative by the Network of European Foundations, and the European Union’s Asylum, Migration and Integration Fund (AMIF). -
COVID-19 & Immigration Detention
Annex to Policy Brief COVID-19 & Immigration Detention: What Can Governments and Other Stakeholders Do? February 2021 This Annex aims at revisiting some of the promising responses on COVID-19 and immigration detention identified in the Policy Brief published by the UN Network on Migration in April 2020, including obstacles in implementation that have emerged since. By taking a close look at some developments observed over the past months by members of the UN Migration Network Working Group on Alternatives to Detention, this document identifies both worrying trends and opportunities to address these. The policy brief and its annex focus on helping States and other stakeholders to operationalize Objective 13 of the Global Compact for Migration, where governments reaffirmed the commitment “to prioritize non-custodial alternatives to detention that are in line with international law, and to take a human rights-based approach to any detention of migrants”. Under the current international framework this translates into using detention as a measure of last resort only and never resorting to detention for children. Even when immigration detention is used as an exceptional measure of last resort, the norm should be non-detention for migration governance purposes. This norm of non-detention is practised by a number of States and has been maintained by them during the COVID-19 pandemic. The ongoing COVID-19 pandemic continues to pose immense risks to those held in immigration detention, underscoring the ongoing need for governments that rely on detention or any other forms of deprivation of liberty to adopt and implement appropriate alternative measures.1 In a context where new challenges arise every day and promising practices are being reversed, the practical guidance provided in the Policy Brief remains as relevant as ever. -
2019 SSSA Program
Social Transformations: The Role of Academia 99th Annual Meeting of the Southwestern Social Science Association October 31 – November 2, 2019 Manchester Grand Hyatt San Diego, California SOUTHWESTERN SOCIAL SCIENCE ASSOCIATION FUTURE MEETING SITES AND DATES Austin, Texas Hyatt Regency October 29-31, 2020 New Orleans, Louisiana The Monteleone April 15-17, 2021 San Antonio, Texas Hyatt Regency April 21 - 23, 2022 Fort Worth, Texas The Omni March 30 – April 1, 2023 GENERAL CONVENTION INFORMATION HEADQUARTERS: The 2019 SSSA Annual Meeting will be headquartered in the Manchester Grand Hyatt, San Diego, CA. REGISTRATION: On site registration takes place at the Registration Desk located in Coronado Foyer. The Registration Desk will be attended Wednesday, 2:00-5:00 p.m.; Thursday and Friday, 8:00 a.m. - 5:00 p.m.and on Saturday from 8:00 a.m. -12:00 p.m. BADGES: Convention name badges are to be worn by all program participants. RESOLUTIONS: Resolutions should be submitted to the Resolutions Committee Chair at the SSAA Registration desk by 9:30 a.m. Thursday, October 31, 2019. AUDIO VISUAL EQUIPMENT: SSSA has previously arranged for limited types and quantities of AV equipment. Additional needs may be met on an individual basis at your own personal expense by the onsite representative. HOTEL DINING AND BEVERAGE SERVICES: The hotels offer outstanding food and beverage facilities. Additional dining locations are available within walking distance or an inexpensive cab or ride- share away. ALL ENTRIES IN SESSIONS APPEAR AS THEY WERE ENTERED BY PARTICIPANTS. No Editing has been done. 2 SSSA Presidential Plenary 4:00 pm Coronado A & B Shaping Institutional Culture: A Neo Socio-Cultural Paradigm for Creating Wealth in Indian Country Patrice H. -
Rights Violations Associated with Canada's Treatment of Vulnerable Persons in Immigration Detention Joint Submission To
Rights Violations Associated with Canada’s Treatment of Vulnerable Persons in Immigration Detention Joint Submission to the Working Group on Universal Period Review to assist in its review of Canada, 30th Session (April – May, 2018) Contact information: Samer Muscati Director, International Human Rights Program University of Toronto, Faculty of Law 78 Queen's Park, Room 419 Toronto, Ontario, Canada M5S 2C3 Tel: 416.946.8730 Fax: 416.978.8894 Email: [email protected] Web: http://ihrp.law.utoronto.ca/ Joint submission by: International Human Rights Program, University of Toronto’s Faculty of Law Amnesty International Justice for Children and Youth Canadian Association of Refugee Lawyers Canadian Civil Liberties Association British Columbia Civil Liberties Association Refugee Law Office of Legal Aid Ontario The submission’s recommendations are endorsed by: Human Rights Watch Canada’s Treatment of Vulnerable Persons in Immigration Detention I. INTRODUCTION 1. This joint submission by the International Human Rights Program at the University of Toronto’s Faculty of Law (IHRP), Amnesty International (AI), Justice for Children and Youth (JFCY), the Canadian Association of Refugee Lawyers (CARL), the Canadian Civil Liberties Association (CCLA), the British Columbia Civil Liberties Association (BCCLA), and the Refugee Law Office of Legal Aid Ontario (RLO) highlights shortcomings in Canada’s treatment of children or individuals with psychosocial disabilities or mental health conditions in immigration detention.1 Human Rights Watch (HRW) has endorsed the recommendations of this joint submission. II. SUMMARY 2. In the period under review, Canada has begun to make progress in its treatment of immigration detainees, and demonstrated a willingness to address deeply embedded issues within the immigration detention system. -
Human Rights @ Ncss 2015
HUMAN RIGHTS @ NCSS 2015 A guide to the sessions and events for Human Rights Educators National Council for the Social Studies 2015 Annual Conference New Orleans, LA Prepared by the Thomas J. Dodd Research Center http://thedoddcenter.uconn.edu @theDoddCenter Human Rights @ NCSS 2015 Devoted to the theme of human rights, the Thomas J. Dodd Research Center honors Thomas Dodd's service as Executive Trial Counsel in the International Military Tribunal, the first of the Nuremberg War Crimes Trials. The Thomas J. Dodd Research Center is working to make Connecticut a national model for human rights education in primary and secondary schools. Taking international standards, including the UN Universal Declaration of Human Rights (1948) and UN Declaration on Human Rights Education and Training (2011), as its inspiration and basis, the Dodd Center aims not only at integrating human rights content into classroom curricula, but also at promoting a culture of human rights in our schools, our communities, and around the world. For more information visit http://thedoddcenter.uconn.edu/k-12-education/ HUMAN RIGHTS EVENTS AND SESSIONS Friday, November 13 Time: 9:00AM-9:50AM Location: Convention Center 226 Title: Education as a Human Right: A University-Wide Approach Description: Human rights are an integral piece to education, but how do we approach human rights at the university level? In this presentation, one university's approach will be explored. Presenters: Adam Jordan, University of North Georgia, Dahlonega, GA; Lauren Johnson, University of North Georgia, Dahlonega, GA; James Badger, University of North Georgia, Dahlonega, GA Time: 9:00AM-10:55AM Location: Convention Center 229 Title: LGBTQ Rights are Human Rights: Socially Responsible Approaches for Teachers Description: Authors of a future special section of Social Education dedicated to LGBTQ issues, highlight critical guidelines for teachers K-12 related to student needs, curriculum integration, media, legal requirements, and religious perspectives.