Track 4: Migrant detention
Background
UNHCR (2014) reports that immigrant detention occurs across the globe, including asylum seekers, stateless persons, and refugees.23 The International Organization for Migration (IOM) defines migrant detention as "the restriction on freedom of movement through confinement that is ordered by an administrative or judicial authority."24 The movement restriction takes different shapes based on the country and the type of migrant. It varies from simply monitoring of movement to imprisonment
We highlight this global phenomenon for several reasons. The unprecedented increase over the last decade in the number of migrants has been met with an increased rate of detention of migrants and asylum seekers. UNHCR (2014) reported that this practice had been used as a means for governments to control or dissuade certain types of migration into countries.23 There is no accurate global figure for detained migrants. However, the Global Detention Project reported that, during the last decade, over 100 countries across the globe had used no less than 2,000 facilities to limit the movement of immigrants.25, 26 In the U.S., the number of detained immigrants reached 510,854 in 2019 versus 396,448 in 2018, a 29% increase.27 The group Freedom for Immigrants, which works with people who stay in detention centers for more than a month, found that 7% stay less than six months, 12% stay from 6 months to 1 year, 28% stay 1-2 years, 48% stay 2-4 years and 5% stay for more than four years.25 In most countries, these detained migrants have few, if any, legal rights. Furthermore, the detention process has serious mental, physical, and emotional consequences both in the short term and long term.28
In recent years, the world has witnessed an increase in the detention of children as well, which has led to particularly egregious human rights violations related to family separation. In fact, the migration and detention of children is correlated with significant psychosocial issues after release and later in resettlement.29 The detention of children is forbidden by international law and not acceptable under any circumstances.30
The crisis of COVID-19 has only added to the plight of migrants. Many countries have elected to close or restrict their borders in hopes of curbing rates of transmission. These policies have had devastating consequences as refugees and asylum seekers are being turned away at increasingly high numbers.31 At the start of the COVID-19 crisis, the U.S. Government, further restricted movement at the US-Mexico border and enacted exclusionary provisions preventing many from seeking asylum.32 As of August 2021, many of these practices remain while federal officials cite concerns regarding migration exacerbating the spread of COVID-19., despite little evidence that migration in the U.S. has a significant impact on COVID-19 rates.33
As a group, migrants in detention are at increased risk of COVID-19 and its complications. According to publicly available ICE data, there have been over 28,000 confirmed COVID-19 cases among detainees since testing began in March 2020.34 These numbers may be underestimated given inconsistent reporting methods, with some models predicting that the number of positive cases may be significantly higher.35 Additionally, ICE facilities have demonstrated poor adherence to COVID-19 guidelines set by the CDC. Individuals in these already crowded detention centers have not ensured the ability to effectively socially distance or isolate themselves, nor can they rely on the facility to provide them with adequate hygiene supplies such as soap, hand sanitizer, and masks. Detainees have also reported significant barriers and delays requiring diagnostic testing and medical treatment for COVID-19 symptoms.36 Despite these challenges, federal officials have yet to mandate a definitive plan to vaccinate migrant detainees against COVID-19.37 broadly.
In addition to these tragic human costs to detention, the latest literature on migrant detention notes additional “civic and democratic costs” of migrant detention. “Studies have documented the various ways in which exclusionary and discriminatory practices within the criminal justice system inculcate anti-democratic values of governmental distrust and civic disengagement on a growing underclass of Americans.” 28 Despite this, in 2019, the U S. Department of Homeland Security proposed $22.5 billion for migration control and enforcement, an increase of 22% from FY 2017. These increased resources have a profoundly negative impact on already vulnerable migrant populations, which in turn perpetuates a vicious cycle of migration tendencies.37
We seek abstracts that help expand the general understanding of how migration and detainment interact in many parts of the world. We look forward to scholarly works that further inform the discourse and present viable methods toward an alternative migration process that facilitates a human rights approach to screening, processing, and integrating migrants. We also invite further discussion on the long-term consequences of dedicating increased law enforcement to the administrative confinement of migrants. Overall, we aim for this track to emphasize the various underlying causes of many of these events, theories, and analysis of the possible consequences of continuing in this direction, and demonstrable alternatives that can be realistically implemented.
Objectives
We are looking forward to reviewing abstracts for scholarly work and artwork that:
- Discuss the social, political, and environmental factors that influence migrant detention
- Engage in policy examination of existing methods and processes surrounding migrant detention
- Explore the legal procedures required for immigration detention
Areas of focus
We hope to review submissions that address but are not limited to any of the following focus areas:
- Human rights violations in the detention process
- Detention-related health consequences
- Economic implications of detention
- Conditions in detainment centers and refugee camps
- The impact of COVID-19 on migrants in detention centers
- Child detention and family separation
- Humanitarian alternatives to detention