Podcast
Questions and Answers
Which of the following principles is a requirement for detention according to Article 5(1) ECHR?
Which of the following principles is a requirement for detention according to Article 5(1) ECHR?
Citizens of the Union can be lawfully placed in detention if they have valid residence permits.
Citizens of the Union can be lawfully placed in detention if they have valid residence permits.
False
Name one category of individuals who cannot be detained according to the immigrant detention taxonomy.
Name one category of individuals who cannot be detained according to the immigrant detention taxonomy.
Citizens of the Union
Detention centers can be classified as open, also known as __________ centers.
Detention centers can be classified as open, also known as __________ centers.
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Match the categories of detention with their corresponding descriptions:
Match the categories of detention with their corresponding descriptions:
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Which of the following is NOT a function of detention for undeported migrants?
Which of the following is NOT a function of detention for undeported migrants?
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Detention is considered a form of relief for marginalized migrants.
Detention is considered a form of relief for marginalized migrants.
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What is the purpose of special deterrence in detention?
What is the purpose of special deterrence in detention?
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The physical and symbolic exclusion zone illustrates the State's ability to maintain ________ over geographical and social borders.
The physical and symbolic exclusion zone illustrates the State's ability to maintain ________ over geographical and social borders.
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Match the following terms with their definitions:
Match the following terms with their definitions:
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Which of the following is NOT one of the four main functions of criminal detention?
Which of the following is NOT one of the four main functions of criminal detention?
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The main purpose of immigration detention is rehabilitation.
The main purpose of immigration detention is rehabilitation.
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What is one characteristic of immigration detention related to the living conditions?
What is one characteristic of immigration detention related to the living conditions?
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The purpose of criminal detention includes deterrence, rehabilitation, incapacitation, and __________.
The purpose of criminal detention includes deterrence, rehabilitation, incapacitation, and __________.
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Match the functions of criminal detention with their descriptions:
Match the functions of criminal detention with their descriptions:
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Which type of law governs immigration detention?
Which type of law governs immigration detention?
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All illegalised migrants are detained and deported.
All illegalised migrants are detained and deported.
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What is the primary focus when discussing the legitimacy of immigration detention?
What is the primary focus when discussing the legitimacy of immigration detention?
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Which of the following is NOT a type of facility where migrants may be taken into custody?
Which of the following is NOT a type of facility where migrants may be taken into custody?
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Overstayers are individuals who have illegally entered a territory and were intercepted by authorities.
Overstayers are individuals who have illegally entered a territory and were intercepted by authorities.
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What is the primary difference between immigration detention and criminal detention?
What is the primary difference between immigration detention and criminal detention?
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Individuals who have been denied access to the territory are referred to as ______.
Individuals who have been denied access to the territory are referred to as ______.
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Match the following types of detainees with their descriptions:
Match the following types of detainees with their descriptions:
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Which of the following is considered a characteristic of criminal detention?
Which of the following is considered a characteristic of criminal detention?
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Immigration detention can only occur in designated immigration facilities.
Immigration detention can only occur in designated immigration facilities.
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What quality is essential for the legitimacy of state power according to the content?
What quality is essential for the legitimacy of state power according to the content?
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Which country had the highest number of actual deportations from 2009 to 2018?
Which country had the highest number of actual deportations from 2009 to 2018?
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Finland had more individuals found illegally present than Denmark from 2009 to 2018.
Finland had more individuals found illegally present than Denmark from 2009 to 2018.
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What was the trend in the number of ordered departures in Germany over the years?
What was the trend in the number of ordered departures in Germany over the years?
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The number of actual deportations in _______ was significantly higher compared to Belgium during the same period.
The number of actual deportations in _______ was significantly higher compared to Belgium during the same period.
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Match the countries with their peak number of individuals found illegally present:
Match the countries with their peak number of individuals found illegally present:
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Which year did Denmark show the highest number of individuals ordered to leave?
Which year did Denmark show the highest number of individuals ordered to leave?
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The actual deportations in Slovakia exceeded those in Finland throughout 2009 to 2018.
The actual deportations in Slovakia exceeded those in Finland throughout 2009 to 2018.
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In 2017, what was the number of individuals ordered to leave in Sweden?
In 2017, what was the number of individuals ordered to leave in Sweden?
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From 2009 to 2018, Spain had a notable number of _______ actual deportations.
From 2009 to 2018, Spain had a notable number of _______ actual deportations.
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Match the following countries with their pattern regarding found illegally present individuals:
Match the following countries with their pattern regarding found illegally present individuals:
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What significant trend was observed in actual deportations in Greece from 2009 to 2018?
What significant trend was observed in actual deportations in Greece from 2009 to 2018?
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Between 2009 and 2018, Hungary consistently had the least number of individuals found illegally present.
Between 2009 and 2018, Hungary consistently had the least number of individuals found illegally present.
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Identify one key observation regarding actual deportations in Belgium.
Identify one key observation regarding actual deportations in Belgium.
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In Sweden, the number of individuals found illegally present peaked in _______.
In Sweden, the number of individuals found illegally present peaked in _______.
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Match the deportation trends with their respective years for Germany:
Match the deportation trends with their respective years for Germany:
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Study Notes
Global Crimes (Border Criminology)
- Course name: Global crimes (border criminology)
- Instructor: Valeria Ferraris
- Days: Thursday and Friday
- Time: 2-4 PM
Immigrant Detention Taxonomy - Principles
- Detention is initially contrary to the principle of personal liberty and must be justified under Article 5(1) of the European Convention on Human Rights (ECHR).
- Detention conditions must not constitute torture, inhuman, or degrading treatment, as prohibited by Article 3 of the ECHR and interpreted by the European Court of Human Rights (ECtHR).
Immigrant Detention Taxonomy - Key Questions
- Detention is based on criminal law or administrative law?
- Are detention centers open (like reception centers) or closed?
- What are the mechanisms for oversight of detention facilities?
Immigrant Detention Taxonomy - Who Can and Cannot Be Detained
-
WHO CAN be detained:
- Third-country nationals entering a member state without authorization.
- Third-country nationals facing deportation or extradition.
-
WHO CANNOT be detained:
- Foreigners with valid residence and work permits (unless expulsion is ordered).
- EU citizens
- Third-country nationals with "strong" agreements with the EU.
Immigrant Detention Taxonomy - Pre-Admittance Detention or Detention Upon Arrival
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Detention and Arrival → Pre-admittance Detention or Detention Upon Arrival
-
Detention and Asylum → Detention of asylum seekers
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Detention and Irregular Stay → Pre-removal detention
-
Detention and Expulsion
-
Reference: Guild E (2005) A Typology of Different Types of Centres for Third Country Nationals in Europe. Strasbourg: European Parliament Briefing Paper
UN Working Group on Arbitrary Detention
- 4 Main categories of people detained (UN Working Group on Arbitrary Detention, 1998: para 32).
- Denied access to territory (refusal of entry).
- Illegally entered territory (irregular migrants).
- Overstayers.
- Asylum seekers where detention is necessary by authorities
- 8 different types of facilities where migrants may be taken into custody (UN Working Group on Arbitrary Detention, 1998: para 33)
- Custody areas near borders.
- Police stations.
- Facilities managed by penitentiary administrations.
- Ad hoc facilities.
- House arrest.
- International areas/transit zones.
- Gathering centers.
- Hospitals.
Mapping immigration detention
- Global Detention Project
- https://www.globaldetentionproject.org/detention-centres/map-view
- https://altreconomia.it/locked-in-from-above/
The theoretical debate on immigration detention
- Administrative law: Detention without a crime (different from prison).
- Detention experienced as more punitive (unpredefined time, living conditions, fewer rights, confusing motivation).
- Locations: Not just detention facilities (police stations, airports, etc.).
- Lack of transparency in institutions.
The problem of Legitimacy
- Penal power is constrained by the need for legitimacy.
- Legitimacy is a necessary quality of the state (to critique and understand power).
- Legitimacy assumes a congruence between a system of power and the beliefs, values, and expectations that justify it.
What are the characteristics of criminal detention (prison)?
- Reasons for detention: Punishment for a crime (criminal law).
- Purpose of detention: Primarily rehabilitation.
- Physical location: Defined facilities.
- Duration: Clarity about time served.
- Regulation: Internal regulations and inmates' rights.
Functions of criminal detention
- Deterrence: Prevention of crime through fear of punishment.
- Rehabilitation: Re-socialization of offenders to reintegrate into society.
- Incapacitation: Removing criminals from society to prevent future crimes.
- Retribution: Providing victims and society with a sense of justice.
Legitimacy in prison
- Purpose connects with the functions of punishment (deterrence, retribution, rehabilitation, incapacitation).
- Functioning: how things work and fail.
- The state’s coercion versus detainees' rights.
- Prison rules.
Legitimacy of immigration detention
- What is legitimacy in prisons versus immigration detention?
- Legitimacy in prison relates to the how of detention—centered on rehabilitation rhetoric.
- Legitimacy in immigration detention focuses on the why—the aim of deportation.
- The discourse should focus on the initial reasons for detention and related immigration policies.
What are the characteristics of immigration detention?
- Reasons for detention: Illegality (administrative law/civil law, exclusion, banopticon).
- Purpose: Primarily deportation.
- Locations: Multiple facilities.
- Duration: Lack of clarity, unclear internal regulations.
- Regulation: Human rights concerns.
Justifying pre-removal detention
- Official purpose of immigration detention: Deterrence and deportation.
- Problems: Not all detained individuals are deported.
- Living conditions of detention centers are problematic and highly contested.
Comparative perspective in deportation regimes
- Data (2014-2023) on third-country nationals subject to immigration enforcement in EU member states.
- Visualizations displaying figures of immigration categories (e.g., refused entry, ordered to leave, returned individuals).
Detention trends in varied EU nations
- Various charts/graphs on yearly deportation trends in different European countries (e.g., Denmark, Finland, Sweden, Slovakia, Hungary, Greece, Spain, Belgium, France).
Legitimacy of immigration detention
- Deportation justification and detention for those not deported.
- Deterrence, punishment relating to illegality, and harm.
- Lack of rules, poor conditions.
- State challenges in enforcing detention effectively.
The Undeported and functions of detention
- Co-existing motives for detention of those not deported (Leekers and Broeders, 2010).
- Deterring illegal migrants.
- Incapacitation and management of migrants' pauperism.
- Symbolic control of borders and urban order.
Deterring illegalised migrants
- Detention as a punitive measure to pressure individuals to leave the country.
- Aim to deter future illegal migrants.
- Focus on migration and residence laws.
- Level of suffering might suggest the intention to inflict pain or revenge.
Incapacitation and management of migrants’ pauperism
- Detention as a form of relief for marginalized migrants—in effect resulting in repeated detentions.
Managing people anxiety and affirming capacity of the State
- Physical/symbolic exclusion zones signaling state control.
- Communicating a state’s continued dominance over geographical and social borders.
See you next week!
- Course continuation announcement—upcoming sessions.
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Description
Test your knowledge on the principles of detention according to Article 5(1) of the ECHR. This quiz covers various aspects of detention, including categories of individuals, purposes, and the classification of detention centers. Challenge yourself with matching terms and definitions related to immigration detention.
