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SSRN Electronic Journal
Article . 2011 . Peer-reviewed
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Immigration Detention and Proportionality

Authors: Michael Flynn;

Immigration Detention and Proportionality

Abstract

Migration-related detention – or the detention of non-citizens because of their status – is intimately associated with incarceration, raising questions about whether this form of detention is proportionate to the administrative aims of immigration policy. Many countries use prisons to hold irregular migrants during deportation proceedings; dedicated migrant detention facilities are frequently housed in abandoned jails; in some countries, purpose-built facilities are modelled on penitentiaries; and rights groups point to the “prison-like” qualities of detention centres to decry the perceived creeping criminalisation of immigration. This paper 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 a multiplicity of cases. It then highlights a discrete set of dimensions that can be used to measure the degree to which States’ employment of detention is proportional to the limited ends established in law for this type of deprivation of liberty.

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    5
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
5
Average
Top 10%
Average
bronze