Brown, Pauline I recently came across an article by Meg Keneally in The Guardian. I can think of no better description of our policies and practices on immigration detention than the following extract: It's a well-worn solution to an intractable human problem involving a large group of inconvenient people - ship them off somewhere, put a wall around them, and try to forget about the whole thing. You could argue that our country was founded as a result of (...) this approach. You could also argue that we learned our lesson too well, because it's an approach we are still using when it comes to vulnerable people who have undertaken hazardous ocean journeys - and the outcomes are no more humane than they were in the 18th and 19th centuries. (shrink)

Australia’s punitive policy towards people seeking asylum deliberately causes severe psychological harm and meets recognised definitions of torture. Consequently, there is a tension between doctors’ obligation not to be complicit in torture and doctors’ obligation to provide best possible care to their patients, including those seeking asylum. In this paper, we explore the nature of complicity and discuss the arguments for and against a proposed call for doctors to boycott working in immigration detention. We conclude that a degree (...) of complicity is unavoidable when working in immigration detention, but that it may be ethically justifiable. We identify ways to minimise the harms associated with complicity and argue that it is ethical to continue working in immigration detention as long as due care and attention is paid to minimising the harms of complicity. (shrink)

Self-harm within immigration detention centres has been a widely documented phenomenon, occurring at far higher rates than the wider community. Evidence suggests that factors such as the conditions of detention and uncertainty about refugee status are among the most prominent precipitators of self-harm. While important in explaining self-harm, this is not the entire story. In this paper, we argue for a more overtly political interpretation of detainee self-harm as resistance and assess the ethical implications of this view, (...) drawing on interviews with detainees from Australia’s offshore system. Self-harm by detainees is not only a medical ‘condition’ arising in response to oppression but a form of political action to lessen or contest it. We first establish how self-harm could be conceptualised as resistance. We then discuss its political purpose, noting it serves at least three functions: intrinsic, instrumental and disruptive or coercive. Viewing detainee self-harm as political resistance is a supplement to (rather than a substitute for) a medical approach. However, conceptualising self-harm this way has several advantages, namely, moving away from the idea that such behaviour is ‘maladaptive’, recognising detainees as political agents, combatting government claims of ‘manipulation’ and ‘blackmail’ and clarifying the duties of healthcare workers who work in detention. (shrink)

Australian immigration detention has been called state sanctioned abuse, cruel and degrading and likened to torture. Clinicians have long worked both within the system providing healthcare and outside of it advocating for broader social and political change. It has now been over 25 years and little, if anything, has changed. The government has continued to consolidate power to enforce these policies and has continued to attempt to silence dissent. It was in this context that a boycott was raised (...) as a possible course of action. Despite discussions among the healthcare community about the merits of such action, a number of questions have been overlooked. In this article, I will examine whether a boycott is both ethical and feasible. Taking into account the costs and benefits of current engagement and the potential impact of a boycott, more specifically the potential it has to further harm those detained, I conclude that under current circumstance a boycott cannot be justified. This however does not mean that a boycott should be dismissed completely or that the status quo should be accepted. I discuss potential ways forward for those seeking change. (shrink)

Recent decades have witnessed a growing number of states around the world relying on border control measures, such as immigration detention, to govern human mobility and control the movements of those classified as “unauthorised non-citizens.” In response to this, an increasing number of scholars from several disciplines, including psychologists, have begun to examine this phenomenon. In spite of the widespread concerns raised, few studies have been conducted inside immigration detention sites, primarily due to difficulties in gaining (...) access. This body of research becomes even scanter when it comes to the experiences of detained women. This study is the first of its kind to have surveyed 93 women confined in an Italian immigration detention facility. A partial mediation model with latent variables was tested through partial least structural equation modelling (PLS-SEM). The findings revealed the negative impact that unfair immigration procedures have on detained women’s human dignity, which in turn negatively affects their self-rated physical and mental health. Overall, our study sheds light on the dehumanisation and damage to human dignity that immigration detention entails, as well as its negative impact on the health of those affected. This evidence reinforces the image of these institutions as sites of persistent injustice, while stressing the need to envision alternative justice-oriented forms to address human mobility. (shrink)

Australian immigration detention has received persistent criticism since its introduction almost 25 years ago. With the recent introduction of offshore processing, these criticisms have intensified. Riots, violence, self-harm, abuse and devastating mental health outcomes are all now well documented, along with a number of deaths. Clinicians have played a central role working in these environments, faced with the overarching issue of delivering healthcare while facilitating an abusive and harmful system. Since the re-introduction of offshore processing a number of (...) authors have begun to discuss the possibility of a boycott. While taking such action may lead to change, further discussion is needed, not only in relation to the impact of a boycott, but whether it is possible for clinicians to engage with this system in more productive, ethical ways. This article utilises a framework proposed by Lepora and Goodin that provides a structured approach to examine complicity and seeks to explore how clinicians have engaged with Australian immigration detention and ultimately whether they should continue to do so. (shrink)

Detention, a pillar of the contemporary US immigration system, has detrimental effects on those who are incarcerated, their families, and their communities. Following a discussion of immigration detention and the ways in which faith-connected groups are responding, this essay draws on twenty in-depth interviews to explore the links between these ethical practices and the Christian mystical tradition. In particular, it brings the voices of activists responding to immigration detention into conversation with the three stages (...) of the mystical journey articulated by Dorothee Soelle—being amazed, letting go, and resisting. The essay argues that mysticism and action for social justice are intimately interwoven, and it suggests that recognition of this could enrich Christian discussion and praxis surrounding immigration. (shrink)

Australian immigration detention has been called state sanctioned abuse and a crime against humanity. The Australian healthcare community has been closely involved with these policies, calling for their reform and working within detention centres to provide healthcare. As well as having a devastating impact on health, immigration detention changes the scope and nature of healthcare, with its delivery described as a Sisyphean task. In this article I will explore the guidance that is available to clinicians (...) who work within detention centres and argue that codes, guidelines and positions statements provide little help in relation to ethical decision making. First I will outline guidance that can be found in codes of ethics and position statements, focusing on particularly relevant principles, such as advocacy, clinical independence and the clinicians’ relationship to human rights. I will then highlight the disparity between this guidance and the delivery of healthcare within detention by drawing on the testimony of clinicians who formerly worked in these environments. While this disparity should be cause for alarm and at a minimum call into question how codes and positions statements are being used, there are more fundamental reasons why codes and position statements fail to provide guidance in these circumstances. I will outline a more general criticism of codes of ethics and use this to suggest a way forward, including looking beyond codes and position statements to guide action within Australian immigration detention. (shrink)

Although Australia has comparatively few individuals seeking asylum, it has had a mandatory detention policy in place since 1992. This policy has been maintained by successive governments despite the overwhelmingly negative impact mandatory detention has on mental health. For mental health professionals working in this environment, a number of moral, ethical, and human rights issues are raised. These issues are discussed here, with a focus on dual loyalty conflicts and drawing on personal experience, the bioethics and human rights (...) literature, and recent parliamentary inquiries. For those who continue to work in this environment, future directions are also discussed. (shrink)

Dual loyalty issues confront health and welfare professionals in immigration detention centres in Australia. There are four apparent ways they deal with the ethical tensions. One group provides services as required by their employing body with little questioning of moral dilemmas. A second group is more overtly aware of the conflicts and works in a mildly subversive manner to provide the best possible care available within a harsh environment. A third group retreats by relinquishing employment in the (...) class='Hi'>detention setting. A fourth group is activist in intent and actions. Derived from research and ethnography conducted in Australia, the article explores the moral dilemmas confronting those who are duty-bound by professional codes of ethics while also bound by loyalty to their employers and silenced by confidentiality statements. It provides particular focus on psychiatry, nursing and social work. We conclude by speculating whether a politics of compassion and acts of solidarity can forge a pathway through the ethical terrain. In doing so we draw upon human rights considerations as well as on the works of Joan Tronto and Elisabeth Porter. (shrink)

Recently, John Doe, an undocumented immigrant who was detained by United States Immigration and Customs Enforcement, was admitted to a hospital off-site from a detention facility. Custodial officers accompanied Mr. Doe into the exam room and refused to leave as physicians examined him. In this analysis, we examine the ethical dilemmas this case brings to light concerning the treatment of patients in immigration detention and their rights to privacy. We analyze what US law and immigration (...) detention standards allow regarding immigration enforcement or custodial officers’ presence in medical exams and documentation of detainee health information. We describe the ethical implications of the presence of officers in medical exam rooms, including its effects on the quality of the patient-provider relationship, patient privacy and confidentiality, and provider's ability to provide ethical care. We conclude that the presence of immigration enforcement or custodial officers during medical examination of detainees is a breach of the right to privacy of detainees who are not an obvious threat to the public. We urge ICE and the US Department of Homeland Security to clarify standards for and tighten enforcement around when officers are legally allowed to be stationed in medical exam rooms and document detainees’ information. (shrink)

This paper opens with first‐hand accounts of critical care medical interventions in which detainees, in the custody of U.S. Immigration and Customs Enforcement (ICE), are brought to the emergency department for treatment. This case dramatizes the extent to which the provision of ethical and acceptable nursing care is jeopardized by federal law enforcement paradigms. Drawing on the scholarship of Michel Foucault and Giorgio Agamben, this paper offers a theoretical account of the power dynamics that inform the health care of (...) patients who find themselves caught in the custodial scaffolding of a vast immigration and detention apparatus. It offers an analysis of the display of sovereign and biopolitical power over the lives (and deaths) of detainees (Foucault), as well as the ways these individuals are reduced to “bare life” under the political pretext of an emergency or “state of exception” (Agamben). Our purpose here is both theoretical and practical: to better understand the often hidden agency or impersonal “will” exercised by the immigrant detention system, but also to equip clinicians in these and cognate facilities (e.g., prisons) with the critical tools by which they might better navigate incommensurable paradigms (i.e., care vs. custody) in order to deliver the best care while upholding their ethical duties as a care provider. This is all the more pressing because hospitals are not sanctuaries and given the incursion of federal law enforcement agents, nurses may find themselves conscripted as de facto agents of the state. (shrink)

There are few issues that have been as vexing for the Australian healthcare community as the Australian governments policy of mandatory, indefinite, immigration detention. While many concepts have been used to begin to describe the many dilemmas faced by healthcare professionals and their resolution, they are limited, perhaps most fundamentally by the fact that immigration detention is antithetical to health and wellbeing. Furthermore, and while most advice recognises that the abolition of detention is the only (...) option in overcoming these issues, it provides little guidance on how action within detention could contribute to this. Drawing on the work of political theorists and the broader sociological literature, we will introduce and apply a form of action that has not yet been considered for healthcare workers within detention, resistance. We will draw on several examples from the literature to show how everyday resistance could be enacted in healthcare and immigration detention settings. We argue that the concept of resistance has several conceptual and practical advantages over much existing guidance for healthcare workers in these environments, namely that it politicises care and has synergies with other efforts aimed at the abolition of detention. We also offer some reflections on the justifiability of such action, arguing that it is largely consistent with the existing guidance produced by all major healthcare bodies in Australia. (shrink)

This article is based on interviews with former Australian immigration detainees conducted by the author. The interviews explored the experience and understanding of resistance while in detention. The article calls into question Agamben’s twin conclusions that nothing short of a complete re-founding of ontology is required to liberate humanity from biopower and that this refoundation will spring from bare life. Contrary to Agamben’s depiction, the camp proves to be a place of determined and often successful defence of a (...) relation of politics and life based not on the camp and biopower, but on solidarity and freedom. Detainees in Australian immigration detention, like prisoners in the Nazi concentration camps, refused to abandon their politics. Rather than seeking to transform bare life, they rejected it and made their own decision on life and politics. (shrink)

Despite the prevalence of externalization, much work in the ethics of immigration continues to assume that the admission of immigrants is determined by state immigration officials who decide whether to admit travelers at official crossings. This assumption neglects how decisions about entrance have been increasingly relocated abroad – to international waters, consular offices, airports, or foreign territories – often with non-governmental or private actors, as well as foreign governments functioning as intermediaries. Externalization poses a fundamental challenge to achieving (...) just migration policies. It reliably harms vulnerable people, prevents refugees from receiving protection, leads to human rights abuses, and dissipates blame and accountability, creating a serious lacuna in assigning moral responsibility. (shrink)

The core of Australia’s response to asylum seekers who arrive in an unauthorised manner has been to detain them in immigration detention centres until they are judged to engage Australia’s protection obligations or, if they do not, until they are returned to their country of origin. For a number of asylum seekers this has resulted in very prolonged detention. This policy has aroused a storm of controversy with very polarised positions being taken by participants in the debate. (...) In particular, the claim has frequently been made (including by this author) that the circumstances and duration of immigration detention cause substantial harm to the mental health of a significant number of detained asylum seekers. A rational debate on the effects of detention has been hampered by the fact that the Australian government has not allowed researchers access to the detention centres in spite of persistent requests for access by professional bodies. This paper is written in response to the following questions posed by the Journal: Is there a case to be made for individuals agreeing to participate in research studies and for the wider population of current and future detainees to be involved in research without informing either the detention provider or the host nation? Is it legitimate for a researcher to engage in potentially deceptive actions in order to obtain access to such detention facilities to undertake research? What ethical framework should underpin such research? Although there is very little guidance in the literature on the ethical conduct of research in settings such as immigration detention centres, a consideration of the ethical implications of carrying out research in the manner raised by these questions leads this author to conclude that such research cannot be ethically justified. Governments must be persuaded to allow, and to provide substantial support for, ethically conducted research on all aspects of detention. There is also a need for the development of an explicit ethical framework for the conduct of research in settings characterised by a very problematic human rights context. (shrink)

There are now over 1.1 million people overseen by Immigration and Customs Enforcement (ICE), with about 33,000 detained in jails and federal detention centers around the country at any particular time. The average detention time is two months, but some are detained for much longer periods. Since its inception, one hundred and twenty one deaths and countless cases of medical neglect have occurred. Given its secrecy, and lack of accountability and oversight, it is not clear how many (...) of these deaths are the result of grossly inadequate medical care. ICE is a branch of a government agency in a democratic country, thus the citizens on whose behalf it allegedly operates have an obligation to ensure that it operates in conformity with the fundamental principles of justice on which this nation was founded. ICE is a young and rapidly growing bureaucracy with little oversight. It operates using a mix of federal, state, local and private centers, many of which are penal institutions. It has a history of serious abuse, and even when it operates in conformity with its penal standards, it inflicts additional harm onto vulnerable people, especially asylum seekers and parents of minor children. It thus requires our constant vigilance and concern. Our immigration policies and detention practices are deeply troubling, but until we elect to reform them, we have a special obligation to the vulnerable populations that we house in ICE detention. (shrink)

The US has built the most extensive immigration detention system globally. Over the last three administrations, several organizations have noted a systemic failure in the provision of health care in detention centers, leading to the torture and death of immigrants. This essay develops the principle of the preferential option for the poor to examine the causes of deficient access to health care and solutions to overcome them. It analyzes the substandard health care in detention centers from (...) the notion of structural violence and systematizes solutions of grassroots immigrant organizations from the idea of solidarity, understood here as a form of friendship with the poor that moves toward relational justice. Its goal is to build bridges between people so that the political will is generated to create policies to improve and enforce health care standards in detention centers and address the unjust foundations of immigration detention. (shrink)

The particular situation of the French administrative detention center medical units appears to be an exemplary case to study the difficulties facing medical practice. Indeed, the starting point of our inquiry was an amazing observation that needed to be addressed and understood: why are professional interpreters so seldom requested in ADC medical units, where one would expect that they would be “naturally” present? Aiming to fully explore the meanings of the “absent interpreter”, this article takes into account the possible (...) meanings of this situation: the recourse to professional interpreters in France is far from expected given cumulative evidence of its benefits; perceptions of illegal immigrants and medical habitus itself may both hamper the use of a third party; the ADCs are a very stressful place for healthcare professionals, with conflicting missions, political issues enmeshed with medical goals, and heavy affective burden that may lead to self-protection. Silencing voices of suffering others might be seen as the hidden indecent truth of the “absent interpreter”. These reflections open a window to a larger issue with regard to the full range of medicine: what are the place, the role and the function of patient’s words and narratives in contemporary medicine? The highly invested somatic perspective and its political corollary giving primacy to bare life harbor potential risks of obscuring speeches and undervaluing narratives. (shrink)

This paper explores ethical questions arising from the work of health practitioners in immigration detention centres in Australia. It raises questions about the roles of professional disciplines and the ways in which they confront dual loyalty issues. The exploration is guided by interviews conducted with health professionals who have worked in asylum seeker detention and an examination of the outsider advocacy role undertaken by the social work profession. The paper discusses the stance taken by individuals and professional (...) associations on participation in controlled settings, including as participant, bystander and advocate, and asks when the provision of care becomes collusion with oppression. (shrink)

Normative political theory over recent decades has focused mainly on what ought to be done as far as migration policies are concerned. It faces a basic challenge, which stems from two competing, yet equally fundamental, ideals underpinning liberal democratic societies: a commitment to moral universalism and the exclusionary requirement of democracy. The objective of this special issue, ‘New Challenges in Immigration Theory’, is to provide a conceptual overview of (some) immigration theories and to highlight the challenges new streams (...) of immigration pose for normative (political) theory and liberal democratic practice. The issue will consider how to reconcile state-based exclusion with a commitment to equal moral concern for all persons, by focusing on the non-standard immigration questions that have so far been ‘neglected’ by normative political theory. In line with this objective, the issue will discuss some of the inadequacies of the dominant political theories of immigration and show how such theories can be expanded to take account of new migration challenges such as brain drain, climate migration, detention of irregular migrants and asylum seekers, rights of labour migrants, transnational networks of movement, and so on. (shrink)

In September 2020, Project South, along with numerous other organizations, released a report detailing abuses in a Georgia Detention Center – including forced hysterectomies. Whatever other factors are at play, one of them is an intrinsic connection between obstetric violence against pregnant migrants and immigration injustice. It is not incidental that these acts – in US detention centers, along the US‐Mexico border, in Colombian hospitals and clinics – are being perpetrated on immigrant bodies. And it is not (...) accidental or random which immigrant bodies are vulnerable to these violations. Understanding and confronting obstetric violence directed at pregnant migrants, though, requires reconceptualizing the nature of obstetric violence itself. In particular, we must recognize that obstetric violence against pregnant Latin American migrants in the United States and Colombia is a type of immigration injustice, a means to perpetrate immigration injustice, and a product of immigration injustice. As such, bioethicists need to collaborate with immigration scholars to resist it.After providing some background on the nature of obstetric violence and some ways it is perpetuated against pregnant migrants in the United States and Colombia, I will give a brief overview of how I conceptualize immigration justice. From there, I explain how this type of obstetric violence constitutes a type of immigration injustice, a means to perpetrate immigration injustice, and a product of immigration injustice. My hope is that this analysis motivates bioethicists throughout the Americas to engage with immigration scholars and activists to confront the issue more forcefully. (shrink)

Professional providers of mental health services are motivated to help people, including, or especially, vulnerable people. We analyse the ethical implications of mental health providers accepting employment at detention centres that operate out of the normal regulatory structure of the modern state. Specifically, we examine tensions and moral harms experienced by providers at the Australian immigration detention centre on the island of Nauru. Australia has adopted indefinite offshore detention for asylum-seekers arriving by boat as part of (...) a deterrence strategy that relies on making detainment conditions harsh. This has known deleterious mental health effects. As a token to fiduciary care obligations, Australia employs mental health professionals to work on Nauru. These providers are often motivated to make a positive difference for detainees’ lives. We examine the overall impact of the providers’ work with detainees and the implications of their presence. The strongest evidence supports that the small mitigation of harms offered by these providers does not outweigh the harms of supporting a system designed to perpetuate human suffering. For mental health professionals considering working in offshore detention, we offer specific topics to scrutinise and weigh prior to employment. Because optimising detainee’s mental health is beyond the capacity of individual providers, we call for the organisations standardising and supporting mental health professionals to oppose employment of their associates in offshore detention. Lessons from this case study are generalisable to other jurisdictions to help inform organisations that licence and support mental health providers and individual providers considering work in similar settings. (shrink)

As far as immigration theory is concerned, the attempt to reconcile concern for all persons with the reality of state boundaries and exclusionary policies has proved difficult within the limits of normative liberal political philosophy. However, the realpolitik of migration in today's environment forces a major paradigm shift. We must move beyond standard debates between those who argue for more open borders and those who argue for more closed borders. This book aims to show that a realistic utopia of (...) political theory of immigration is possible, but argues that to do so we must focus on expanding the boundaries of what are familiar normative positions in political theory. Theorists must better inform themselves of the concrete challenges facing migration policies: statelessness, brain drain, migrant rights, asylum policies, migrant detention practices, climate refugees, etc. We must ask: what is the best we can and ought to wish for in the face of these difficult migration challenges. Blake, Carens, and Cole offer pieces that outline the major normative questions in the political theory of immigration. The positions these scholars outline are challenged by the pieces contributed by Lister, Ottonelli, Torresi, Sager, and Silverman. These latter pieces force the reformulation of the central positions in normative political theory of immigration. This book was originally published as a special issue of New Challenges in Immigration Theory. (shrink)

Immigration law is exceptional enough to deserve an administrative law focus of its own. The Administrative Procedure Act (APA) does not demand uniformity in adjudication. Therefore, it may be counterintuitive to argue that any one area of administrative adjudication is exceptional. Removal adjudication is indeed exceptional because it is an extremely dysfunctional system, it operates in a double void of fewer constitutional protections and without the protections of the APA, it relies on a vast network of civil detention, (...) and it is of a different genre than the type of regulation that drove the development of the APA. The exceptionality of removal adjudication demands a review of administrative law doctrine with this exceptionality in mind. (shrink)

In 2018, at least 12 adults and 3 children died in U.S. detention facilities. In 2017, 12 people died in U.S. detention facilities and at least 10 women filed complaints against ICE for mistreatment that led them to miscarry. At the time of this writing, 26 people have died in US Custody during the Trump Administration and 74 people have died in U.S. detention facilities between 2010 and 2018, including Raul Ernesto Morales-Ramos, Augustina Ramirez-Arreola, Moises Tino-Lopez, Jose (...) Azurdia, and Roxana Hernandez. I am not going to argue that these deaths are wrong – I take that as obvious. Instead, I will suggest that nonideal theory shows why bioethicists have special obligations for condemning these deaths and getting involved to make them stop. When we heed nonideal theory’s demand to consider empirical realities, we will see that the role of the bioethicist extends wherever health care does. Moreover, when bioethicists expressly embrace nonideal rather than ideal theories to ground our work, we will see that there are plenty such theories available to us. Shelly Wilcox’s nonideal theory of immigration justice is especially well suited for bioethicists to use in relation to detainee health care and enter the conversation where they are so desperately needed. (shrink)

This paper examines how accounting can both entrench and challenge an inhumane and costly neoliberal policy—namely, the Australian government’s offshore detention of asylum seekers. Drawing on Bruff, Rethinking Marxism 26:113–129 (2014) and Smith, Competition & Change 23:192–217 (2019), we acknowledge that the neoliberalism underpinning immigration policies and the practices related to asylum seekers takes an _authoritarian_ tone. Through the securitisation and militarisation of the border, the Australian state politicises and silences marginalised social groups such as asylum-seekers. Studies have (...) exposed accounting as a technology that upholds neoliberalism by representing policy as objective and factual. Curiously, there has been a wilful intention by successive Australian governments to silence the accounting for offshore detention. We seek to demystify this _un_accounting and _un_accountability by exploring counter-accounts produced by meso-level organisations that support asylum seekers. We apply a close-reading method in analysing limited governmental accounts and various counter-accounts to demonstrate how counter-accounts give visibility to practices that an authoritarian neoliberal regime has obfuscated. We also reflect on the potential for counter-accounting to foster broader social change by holding the Australian government accountable to moral and ethical standards of care for human life. This paper considers the intersections between accounting and authoritarian neoliberalism and presents counter-accounts as mechanisms that can challenge these neoliberal norms. (shrink)

The Ethics and Politics of Immigration provides an overview of the central topics in the ethics of immigration with contributions from scholars who have shaped the terms of debate and who are moving the discussion forward in exciting directions. This book is unique in providing an overview of how the field has developed over the last twenty years in political philosophy and political theory.

States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book (...) makes the case that unauthorized migrants can permissibly evade, deceive, and use defensive force against immigration agents, that smugglers can aid migrants in crossing borders, and that citizens should disobey laws that compel them to harm immigrants. Unjust Borders is a meditation on how individuals should act in the midst of pervasive injustice. (shrink)

This article examines the treatment of women in flight from domestic violence at the U.S. – Mexico border. It compares the robust state protections available to domestic violence victims in the interior of the country with the hostile landscape women encounter at the border. The article draws on three sources for information about the treatment at the border of domestic violence victims: an in-depth case study of one woman’s experience of domestic violence and flight, a small data set of domestic (...) violence victims detained in the Eloy Detention Center in Arizona during 2010 and 2011, and a detailed analysis of the policies and practices at play when a woman in flight from domestic violence comes to the U.S. border. From these sources, a grim picture emerges that may surprise many. Women fleeing violence whose lives entangle with the border confront a bureaucracy and justice system that harkens back to the time, 50 years ago, when domestic violence was seen as a private matter about which there was little the government could or should do to respond.Building on this descriptive account, the article draws on political theories of citizenship and membership to highlight the moral and legal inconsistencies between the immigration policies of the United States and its national values and commitments regarding violence against women. It suggests that language about the “private” nature of the violence at issue for women in flight from domestic violence should not be used to cloak underlying concerns about immigration admissions policies. Transparent discussion of the considerations at issue lays bare the irrationality of applying fundamentally different conceptions of domestic violence depending on which side of the geographic border it occurs. (shrink)

How are we to understand hunger strikes and episodes of lip-sewing in immigration detention? Are they simply cases of self-destruction or bare life, as is often claimed, or is there scope to view these embodied acts of self-harm as having a political dimension and to see those engaged in them as resistant subjects exercising political agency? To explore these issues, I draw on recent feminist theoretical work on vulnerability. Received wisdom suggests that vulnerability is an impediment to political (...) action. Rejecting the idea that vulnerability equates exclusively to injurability and passivity, I contend, by contrast, that corporeal vulnerability can potentially prompt action, serve as a resource for collective acts of resistance, and enable the politicization of certain spaces. Since context matters to how vulnerability and resistance intersect, I illustrate my argument by exploring, in particular, the protests that took place at Woomera immigration detention centre in Australia in 2002. (shrink)

Review of Ruben Andersson,Illegality, Inc. (Oakland, CA: University of California Press, 2014)and Amy Nethery and Stephanie J. Silverman(eds.), Immigration Detention: The Migration of a Policy and its Human Impact.(London and New York: Routledge, 2015).

About 2 million minor children in the U.S. have at least one parent incarcerated for criminal offenses. There are about 33,000 undocumented persons detained by Immigration and Customs Enforcement in jails and federal detention centers around the country, and 79% of the minor children of these detainees are U.S. citizens. There are few government programs that measure and respond to the harm caused to these children by the incarceration and detention of their parents, and the negative effects (...) on these children are largely ignored in public policy debates about incarceration and immigration detention. I argue that we have an obligation to these children based on the special status of children, the harm caused to children by the arrest, detention and incarceration of their parents, current incarceration and detention policies even in the presence of alternatives that would, on balance, create less harm. (shrink)

Covid‐19 has infected thousands and killed hundreds in prisons, jails, and immigration detention facilities across the United States. Responding to this crisis, leading medical researchers have called for expanding opportunities for people in prison to participate in vaccine trials. These calls, like current regulations, focus on individualized risk assessments around consent, coercion, and harm, while ignoring the unnaturalness of deprivation conditions in U.S. prisons. We need new frameworks of analysis that refocus on structural, rather than individual, risk assessments. (...) Integrating structural perspectives—including skepticism of claims of scarcity, avoidance of representational distortions, and attention to institutional agency—into our existing, overly individualistic frameworks might permit the design of more ethical research projects involving people who are incarcerated. Still, the unnatural deprivations of incarceration might be so great that research subjects might need to be removed from prison entirely in order to ethically participate in research. (shrink)

The recently reported cases of coerced sterilisation of women at a privately operated immigration detention facility in the USA are egregious in their disregard for human dignity and professional ethics, but sadly not surprising. These abuses represent a continuation of efforts to control the reproductive capacity of women, fueled by racist and xenophobic motives. Physicians helped create and legitimise the pseudoscientific framework for the eugenics movement, which would implement forceful sterilisation as its tool of choice to eliminate undesirable (...) traits that were thought to be biologically inherited and predominant among racial and ethnic minorities. Although state-endorsed forcible sterilisation programs have ended, incarcerated women have remained particularly vulnerable to sterilisation abuse. The intersectional vulnerabilities of racism, xenophobia and carcerality must be addressed to prevent such abuses from recurring. There are no data in this work. (shrink)

Documenting the dark side : fictional and documentary treatments of torture and the 'war on terror' -- History lessons : what audiences (could) learn about genocide from historical drama -- The art of disappearance : remembering political violence in Argentina and Chile -- Uninvited visitors : immigration, detention and deportation in science fiction -- Architectures of enmity : the Israeli-Palestinian conflict through a cinematic lens.

In the article “Fifty Years of U.S. Mass Incarceration and What It Means for Bioethics,” Sean Valles provides an important reminder of the consequences of mass incarceration in the United States and identifies potential roles for bioethicists in addressing this system. My limited view—that of a physician who conducts court‐ordered investigations and monitoring of health services behind bars—is that the ongoing failure of most academic and professional organizations to be more effective in this much‐ignored area stems from the lack of (...) leaders and staff who have been directly impacted by mass incarceration. As conditions behind bars worsen, and a new war on drugs recoils the spring of mass incarceration, there is a pressing need to train, recruit, and promote people who know the realities of the criminal (and immigration) justice system and its impact on health and well‐being. This step can bring a more powerful engagement of bioethics regarding housing, employment, and health care and policing, as well as the numerous and harmful elements of jails, prisons, and detention settings. I provide examples of partners I learn from in this arena, as well as some discrete and technical areas for possible investigation. (shrink)

This article offers a Kantian account of dignity violations in the context of contemporary migration to western states. It considers three major issues: “modern slavery,” statutory detention, and lack of rights to engage in economic activity. While most Kantian accounts emphasize the dignity violations of treating people as “mere means,” we point out that this does not capture the central issue: the “hostile environment” that so many migrants face. The first part of the article briefly sets out a Kantian (...) account of dignity violations. The second part highlights two key differences between modern slavery and its historical forebears. It emphasizes the interpersonal rather than institutional character of modern slavery, and distinguishes trafficking from smuggling. The third part argues that migrants who lack formal rights to remain and work face institutional exclusions that violate human dignity. Policies that aim to discourage and restrict immigration demean people’s status as ends in themselves. Moreover, they do so by actively denying opportunities to act as means for others. As such, the article draws a link between Kant’s well-known cosmopolitan right not to be treated with hostility and his less well-known ethical duty, “to be a useful member of the world.” Dignity can be found in acting as a means for others; hostility and exclusion can violate dignity just as much as instrumentalization. (shrink)

Scholars have identified crimmigration – or the criminalization of “irregular” migration in law – as a key issue affecting migrant access to justice in contemporary immigrant-receiving societies. Yet the gendered and racialized implications of crimmigration for diverse migrant populations remains underdeveloped in this literature. This study advances a feminist intersectional approach to crimmigration and migrant justice in Canada. I add to recent research showing how punitive immigration controls disproportionately affect racialized men from the global south, constituting what Golash-Boza and (...) Hondagneu-Sotelo have called a “gendered racial removal program”. In my study, I shift analytical attention to consider the effects of the contemporary crimmigration system on migrant women survivors of gender-based violence. While such cases constitute a small sub-group within a larger population of migrants in detention, nevertheless scholarly attention to this group can expose the multiple axes along which state power is enacted – an analytical strategy that foundational scholars like Crenshaw used to theorize “structural intersectionality” in the US. In focusing on crimmigration in the Canadian context, I draw attention to the growing nexus between migration, security, and gender-based violence that has emerged alongside other processes of crimmigration. I then provide a case analysis of the 2013 death while in custody of Lucía Dominga Vega Jiménez, an “undocumented” migrant woman from Mexico. My analysis illustrates how migrant women’s strategies to survive gender-based violence are re-cast as grounds for their detention and removal, constituting what I argue is a criminalization of survivorship.The research overall demonstrates the centrality of gendered and racialized structural violence in crimmigration processes by challenging more universalist approaches to migrant justice. (shrink)

"In The Ethics of Migration: An Introduction Adam Hosein systematically and comprehensively examines the ethical issues surrounding the concept of immigration. The book addresses important questions such as: - Can states claim a right to control their borders and if so to what extent? - Is detention ever a justifiable means of border enforcement? - Which criteria may states use to determine who should be admitted into their territory and how do these criteria interact with existing hierarchies of (...) race and gender? - Who should be considered a refugee? - Which rights are migrants who are present in a territory entitled to? - Is there an acceptable way to design a temporary worker program? - When, if ever, are amnesties for unauthorized migrants appropriate? Featuring case studies throughout, this textbook provides a philosophical introduction to an incredibly topical issue studied by students within the fields of political philosophy, applied ethics, global studies, politics, law, sociology and public policy"--. (shrink)

ABSTRACTIn the United States, constitutional and statutory law reinforce the right of all children to receive an education, regardless of their citizenship or immigration status. In a time of heightened anti-immigrant sentiment and law enforcement, however, partnerships among school districts, local law enforcement, and the U.S. Departments of Justice and Homeland Security subject undocumented and unaccompanied minor students to indefensible levels of risk for detention and deportation. We identify three stances that U.S. schools may take in the face (...) of a potential ‘school-to-deportation pipeline.’ Schools that engage in intentional collaboration actively increase detention and deportation by referring students to immigration officials for criminal, non-criminal, and even non-disciplinary activity. Schools that engage in predictable complicity may not intend to subject their undocumented and unaccompanied minor students to detention or deportation, but still put students at risk by involving police in school policies. We argue that U.S. schools should instead engage in proactive protection of immigrant students and families, including actively resisting federal policies when necessary. (shrink)

It is often said that human rights are the rights that people possess simply in virtue of being human – that is, in virtue of their intrinsic, dignity-defining common humanity. Yet, on closer inspection the human rights landscape doesn’t look so even. Once we bring perpetrators of human rights abuse and their victims into the picture, attributions of humanity to persons become unstable. In this essay, I trace the ways in which rights discourse ascribes variable humanity to certain categories of (...) people. I set the stage for my discussion of the human in relation to human rights by examining John Locke’s account of the justification for punishment. For Locke, in committing a crime one abrogates one’s humanity and forfeits one’s rights. Likewise, I argue, human rights discourse takes a scalar view of humanity. I consider victims of genocide who are dehumanized as helpless and passive, victims of state persecution who are super-humanized as righteously agentic, and perpetrators of genocide who are dehumanized as out-of-control beasts. In each case I use relevant testimony to argue that the scalar view of humanity is factually incorrect and morally deplorable. For genocide victims, I discuss testimony that Selma Leydesdorff gathered from women who survived the Srebrenica massacre. For a victim of persecution, I discuss Liao Yiwu’s memoire of his detention and imprisonment in China because of his artwork protesting the Tiananmen Square massacre. For perpetrators of genocide, I discuss testimony Jean Hatzfeld gathered from Hutu men who systematically murdered Tutsis in the Rwandan genocide. Finally, I apply my critique of dehumanized and super-humanized victims and dehumanized perpetrators to the problem of transnational trafficking in persons and argue that the view I advocate necessitates reforming immigration policy with respect to persons trafficked into forced labor. (shrink)

Cet article propose la critique d’un concept relativement nouveau en jeu dans la détention et l’exclusion des migrants « irréguliers », à savoir que l’État-nation a une « capacité d’accueil » limitée et objective quant à l’accueil des étrangers – une capacité qui, lorsqu’elle est dépassée, justifie une défense militarisée. Distincte des rationalités gouvernementales plus explicitement racistes qui ont sous-tendu les premiers quotas d’immigration aux États-Unis, la notion de « capacité d’accueil » nationale a une logique propre dans laquelle (...) écologie et économie sont rendues fatalement inextricables. L’expression « charge maximale » d’un territoire donné s’est développée dans le contexte de l’environnementalisme américain comme moyen de régulation des populations de gibier non humain et s’est ensuite transformée en un langage pour évaluer le potentiel des marchés émergents. La théorie de Freud sur les blessures psychiques commence par postuler par contre une « capacité de réception » infinie [Aufnahmefähigkeit] propre au système perceptif humain – une capacité illimitée à accueillir ce qui est extérieur, qui est à la fois la condition d’origine de la vie incarnée et ce qui doit être géré et régulé pour survivre. Les spéculations de Freud dans Au-delà du principe de plaisir aident à dissoudre une conception mythopoétique de la Vie qui est depuis devenue centrale dans l’imaginaire racial anti-immigrant. (shrink)

Au volant de son taxi, Mori sillonne New York, la ville où il s’est installé après avoir vécu dans plusieurs autres pays, et qu’il aime et n’aime pas. Arrêté par les agents de contrôle de l’immigration clandestine, il est renvoyé en Afrique après un séjour en détention. Contre la frontière et ses cruautés, le récit, traversé par la pensée de Deleuze, de Derrida et de Tierno Bokar, suggère que seule la mise en œuvre d’une poétique de l’hospitalité peut redonner (...) sens à nos vies, redonner au parcours de chacun, migrants et sédentaires, le statut d’une histoire. (shrink)

Most theorists working on moral obligations to refugees conceive of western states as innocent bystanders with duties to aid refugees if they can do so at little cost to themselves. This paper challenges this dominant theoretical framing of global displacement by highlighting for the first time certain practices of western states in response to refugee flows such as border violence, detention, encampment and containment which may make us question whether states who engage in such practices are indeed innocent. This (...) paper provides the first normative analysis of these practices by seeking to classify them as either doing or allowing harm and invoking the fundamental moral imperative central to core common moral commitments - not to harm innocent people - to suggest that certain western states are not merely failing to aid refugees and allowing harm to come to them, but are instead responding to their calls for aid by harming them. (shrink)

Resumen: La comisaría de Policía Nacional de Irun, ciudad situada en la frontera entre los Estados españoles y franceses, en comparación con otras comisarías de la Comunidad Autónoma del País Vasco, tiene los datos más altos de arrestos de extranjeros en situación irregular. Aunque es común encontrar controles policiales cerca del entorno fronterizo esto choca con la idea de eliminación de fronteras en el Unión Europea. El lugar donde estaba la barrera fronteriza ha sido ocupada por un peaje de automóviles (...) construido con una estructura muy particular: con cámara de vigilancia, con garitas para policías, etc. El 70% de las personas detenidas en el Centro de Detención francés de Hendaia en 2015 fueron capturadas en la frontera. Además, los datos de readmisión fronteriza entre los dos estados, en virtud de un acuerdo firmado en 2002, son algo contundentes: 1500 personas han sido expulsadas de media anual (6.000 a lo largo de la frontera). Este estudio de caso de la frontera hispano-francesa pretende ser un estudio exploratorio de una temática desatendida: las fronteras internas. La regulación en estas áreas es diversa. Muchas excepciones y especificidades se aplican, paralelamente o alternativamente a las normas ordinarias de inmigración de los Estados miembro. Teniendo en cuenta todo esto, tenemos que repensar el imaginario de una Europa sin fronteras que se afirma en el Acuerdo de Schengen. Las fronteras interiores de la UE nunca han desaparecido sino mutado en un modelo de gestión policial de las fronteras internas Abstract: The police station in Irun, a town on the border between the Spanish and French States compared to other police stations in the Basque Country has the highest data of arrests of foreigners in irregular situation is concerned. It is normal, since it is common to find identity police controls near the border surroundings. The place where the border barrier was once was occupied by a car toll constructed with a very particular structure: as a border, with cabins for police men. In addition, the data of border readmission between these two states, under an agreement signed in 2002, is something to look at with special attention: 6.000 people deportaed along the Northen border. 70% of the people detained in the French Detention Centre of Hendaia in 2015 were caught at the border. This case study of the Spanish-French border will put some light in a disregarded topic and object: the internal borders. Regulation in these areas is diverse. Many exceptions and specificities apply, parallel or alternatively to the ordinary immigration rules, as a matter of exception of the Law. Considering all this we need to rethink the imaginary of a borderless Europe stated by the Schengen agreement. Following Balibar in “What is a border?” (2005) the controls multiplied all along the territory as a kaleidoscopic vision. The EU internal borders never disappeared but mutated into a police managed modelo of internal borders. (shrink)