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Author Wilsher, Daniel, 1966-

Title Immigration Detention : Law, History, Politics
Published Cambridge : Cambridge University Press, 2011
Online access available from:
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Description 1 online resource (422 pages)
Contents Cover; IMMIGRATION DETENTION LAW, HISTORY, POLITICS; Title; Copyright; CONTENTS; Acknowledgements; INTRODUCTION AND OVERVIEW: FREE MOVEMENT OF PERSONS AND LIBERTY OF THE PERSON; From free movement to border controls: the alien as liberal subject in the nineteenth century; The emergence and development of permanent immigration detention laws: from war powers to aliens powers; The modern era: normalizing administrative detention of unauthorized or deportable foreigners; Enemies or friends? The ambiguous contemporary moral and political status of foreigners
1 The creation of immigration detention: from free movement to regulated borders in America and the United KingdomAlien friends and alien enemies in the early modern period: libertarian equality and open borders; Early debates on expulsion and exclusion of aliens: habeas corpus, banishment and denial of asylum; The creation of alienage and establishing the border as a site of political control; United States of America: the evolution of immigration law and the status of aliens; The first federal powers over the reception and selection of immigrants
Constitutionalism and the problem of unauthorized personsThe absence of a modern international law and politics of migration; A residual role for international human rights: the inalienable rights of unauthorized persons?; Detained foreigners as enemies, criminals, emergency internees or outlaws; Detention centres as extra-legal spaces and virtual borders; Political and legal reasoning over membership within liberal societies: detention as the residue of arbitrary power; Democracy, security, detention and authorization; The rule of law and the limits of the aliens power: beyond authorization
Selection and care: the inspections of immigrants on the East coast in the absence of detention centresThe Immigration Act 1891 and the creation of the detention centre as a legal exception; 'A wholesome reform': mandatory detention arrives; The limited duration of detention on the East coast; Avoiding detention: bonding as a flexible alternative; Chinese exclusion and the racist strand in immigration policy; Judicial control of detention and exclusion of Chinese on the West coast: the habeas corpus 'mill'
The duration of detention of Chinese migrants: judicially created limitations on the use of the migration powerRemoving constitutional review of migration control measures: the Supreme Court and plenary power; Immigration detention: 'not imprisonment in a legal sense'; World War One and beyond: internal controls and public security detention; Undeportable aliens during World War One: release and reauthorization; Detention and the emerging problem of statelessness; Conclusions on early US detention practices; The emergence of immigration controls in the United Kingdom
Summary An examination and critique of the growth of mass administrative detention of immigrants, something contrary to the rule of law
Notes Inspection and detention under the 1905 Alien Act: due process and despatch
Bibliography Includes bibliographical references and index
Notes Print version record
Subject Detention of persons.
Emigration and immigration law.
Illegal aliens.
Form Electronic book
ISBN 0511794363