Examining the ‘National Risk Assessment for Detention’ process: an intersectional analysis of detaining ‘dangerousness’ in Canada
Journal of Ethnic and Migration Studies, with Dr E. Kaytaz
Canada Border Services Agency (CBSA) officers use the National Risk Assessment for Detention (NRAD) process to evaluate the ‘riskiness’ of immigration detainees. The NRAD’s key tool is a 2-page document laying out ‘risk factors’ with corresponding points that add up to scores of ‘dangerousness’ allegedly posed by non-citizens. CBSA officers then recommend detention in either a provincial prison or a lower security ‘immigration holding centre’. In a national context of no legislated upper time limits on detention periods, and where telephonic and other access to incarceration sites is impeded, the NRAD form’s outcome portends serious, long-term consequences.
What Habeas Corpus Can (and Cannot) Do for Immigration Detainees: Scotland v Canada and the Injustices of Imprisoning Migrants
Canadian Journal of Law and Society 34 (01), 145 - 61.
This paper closely studies Scotland v Canada to reveal the normative and substantive justice challenges facing immigration detainees across Canada. The Scotland decision at the Ontario Superior Court certified a habeas corpus writ as an individual remedy to release Mr. Ricardo Scotland from a pointless, seventeen-month incarceration. The decision frames Mr. Scotland’s detention as anomalous or divergent from an otherwise-functioning system. Against this view, this paper argues that access to habeas corpus cannot remedy the detention system’s scale of injustices. The paper contextualizes Mr. Scotland’s incarceration and the Superior Court decision against two primary claims: first, that the Canadian immigration and refugee determination system is arbitrarily biased against certain minoritized individuals, therefore transforming some people into detainable bodies; and second, that the global criminalization of migration trend has nested an arc of penal practices into Canadian policymaking and law, and this arc has seemingly normalized indefinite detention for some migrants. The paper concludes that restoration of access to habeas corpus cannot be understood as a substantive remedy to address the miscarriages of justice in the Canadian detention system.
Co-edited with A. Nethery. Routledge Books.
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.
2009 - Present
Centre on Migration, Policy and Society, Oxford.
This briefing provides an overview of immigration detention in the UK. It discusses the size of the UK’s detention facilities, the number of detainees, the average duration of detention, and the detention of children.
'“Imposter-Children” in the UK Refugee Status Determination Process'
Refuge: Canada's Journal on Refugees, 32 (03), 30 - 39.
'Troubling the Fields: Choice, Consent, and Coercion of Canada's Seasonal Agricultural Workers'
International Migration, with Amrita Hari, 54 (05), 91 - 104.
'Everyday Injustices: Barriers to Access to Justice for Immigration Detainees in Canada'
Refugee Survey Quarterly, with Petra Molnar, 35 (01), 109 - 27.
'Detaining Immigrants and Asylum Seekers: A Normative Introduction'
Critical Review of International Social and Political Philosophy, 17 (05: New Challenges in Immigration Theory), 600 - 17.
'Questions over alternatives to detention programmes'
Forced Migration Review, 44 (Detention, Alternatives to Detention, and Deportation), 59 - 60.
''Regrettable but Necessary'? A Historical Study of the UK Immigration Detention Estate and its Opposition'
Politics & Policy, 40 (6), 1131 - 57.
'Why Immigration Detention is Unique',
Population, Space and Place, with Evelyne Massa, 18 (06), 677 - 86.
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