scholarly journals Detention Decisions: Implementation Rationales of the Bureaucratic Use of Immigration Detention in Swiss Cantons

2021 ◽  
pp. 1-15
Author(s):  
Jonathan Miaz ◽  
Christin Achermann
Keyword(s):  
Immigration Detention ◽  
Swiss Cantons

scholarly journals Bureaucracies Under Judicial Control? Relational Discretion in the Implementation of Immigration Detention in Swiss Cantons

2021 ◽  
pp. 009539972110380
Author(s):  
Jonathan Miaz ◽  
Christin Achermann
Keyword(s):  
Decision Making ◽  
Judicial Review ◽  
Decision Makers ◽  
Immigration Detention ◽  
Legal Principles ◽  
Judicial Control ◽  
Street Level ◽  
Swiss Cantons ◽  
The Web

Based on interviews with bureaucrats and judges in several Swiss cantons, this article analyzes how bureaucrats decide to order immigration detention and how the judicial review shapes their decisions. The authors argue that discretionary decision-making regarding immigration detention is structured by the web of relationships in which decision-makers are embedded and affected by the practices of other street-level actors. The varying cantonal configurations result in heterogenous bureaucratic practices that affect the profiles and numbers of persons being detained. In particular, differences in judges’ interpretation of legal principles, as well as in their expectations, strongly affect bureaucratic decisions.

Tweaking a Medieval Antecedent

2018 ◽  
Author(s):  
Theodore G. Van Raalte
Keyword(s):  
Early Modern ◽  
Regular Part ◽  
Swiss Cantons ◽  
University Training

Whereas disputations were a regular part of both elementary pedagogy and university training in the medieval and early-modern eras, not all disputations were of the same kind. This chapter explains the differences between the dialectic and scholastic disputations, of which Chandieu’s works belong to the latter. Further, it shows that Chandieu wrote his works “for the better practice of disputations,” and that his “theological and scholastic” treatises thus have an organic connection to the classroom. The use of disputations in the academies of the Swiss cantons more widely is also described. Comparisons to the structure of Thomas’s disputations occurs, as well as to that of an earlier Arabic philosopher.

Direct Democracy and Public Policy

2019 ◽  
pp. 362-379
Author(s):  
John Matsusaka
Keyword(s):  
Public Policy ◽  
Direct Democracy ◽  
Median Voter ◽  
Extensive Literature ◽  
Fiscal Policies ◽  
Policy Choices ◽  
American States ◽  
Conservative Policy ◽  
Initiative Process ◽  
Swiss Cantons

An extensive literature seeks to measure the effect of the initiative and referendum on public policies. Several conclusions emerge: The initiative and referendum have different effects on policy. Requiring popular approval of fiscal policies (mandatory referendums) results in lower expenditure, taxes, and debt. The initiative process gives voters more power and results in policies closer to the median voter preference; this often has reduced spending (American states, Swiss cantons), but sometimes has increased spending (cities). The initiative is associated with more socially conservative policy choices. Spurious correlation is a concern in many studies, and more research on causality is needed.

scholarly journals Detained during a Pandemic: Human Rights behind Locked Doors

2021 ◽  
Vol 10 (7) ◽  
pp. 276
Author(s):  
Justine N. Stefanelli
Keyword(s):  
Human Rights ◽  
Advocacy Groups ◽  
Private Companies ◽  
Immigration Detention ◽  
Legal Representation ◽  
Detention Centers ◽  
United States Immigration ◽  
States Immigration ◽  
Locked Doors ◽  
The U.S

Every year, thousands of people are detained in United States immigration detention centers. Built to prison specifications and often run by private companies, these detention centers have long been criticized by academics and advocacy groups. Problems such as overcrowding and lack of access to basic healthcare and legal representation have plagued individuals in detention centers for years. These failings have been illuminated by the COVID-19 pandemic, which has disproportionately impacted detained migrants. Against a human rights backdrop, this article will examine how the U.S. immigration detention system has proven even more problematic in the context of the pandemic and offer insights to help avoid similar outcomes in the future.

scholarly journals Learning to Detain Asylum Seekers and the Growth of Mass Immigration Detention in the United States

2021 ◽  
pp. 1-29
Author(s):  
Smita Ghosh ◽  
Mary Hoopes
Keyword(s):  
United States ◽  
Infectious Diseases ◽  
Cognitive Dissonance ◽  
Media Coverage ◽  
Asylum Seekers ◽  
Ad Hoc ◽  
The United States ◽  
Critical Component ◽  
Immigration Detention ◽  
Important Shift

Drawing upon an analysis of congressional records and media coverage from 1981 to 1996, this article examines the growth of mass immigration detention. It traces an important shift during this period: while detention began as an ad hoc executive initiative that was received with skepticism by the legislature, Congress was ultimately responsible for entrenching the system over objections from the agency. As we reveal, a critical component of this evolution was a transformation in Congress’s perception of asylum seekers. While lawmakers initially decried their detention, they later branded them as dangerous. Lawmakers began describing asylum seekers as criminals or agents of infectious diseases in order to justify their detention, which then cleared the way for the mass detention of arriving migrants more broadly. Our analysis suggests that they may have emphasized the dangerousness of asylum seekers to resolve the dissonance between their theoretical commitments to asylum and their hesitance to welcome newcomers. In addition to this distinctive form of cognitive dissonance, we discuss a number of other implications of our research, including the ways in which the new penology framework figured into the changing discourse about detaining asylum seekers.

scholarly journals Coronavirus and Immigration Detention in Europe: The Short Summer of Abolitionism?

2021 ◽  
Vol 10 (6) ◽  
pp. 226
Author(s):  
José A. Brandariz ◽  
Cristina Fernández-Bessa
Keyword(s):  
Late Summer ◽  
European Countries ◽  
Immigration Enforcement ◽  
Racial Justice ◽  
Immigration Detention ◽  
Migration Policies ◽  
Potential Impact ◽  
Detention Facilities ◽  
Unexpected Consequences

In managing the coronavirus pandemic, national authorities worldwide have implemented significant re-bordering measures. This has even affected regions that had dismantled bordering practices decades ago, e.g., EU areas that lifted internal borders in 1993. In some national cases, these new arrangements had unexpected consequences in the field of immigration enforcement. A number of European jurisdictions released significant percentages of their immigration detention populations in spring 2020. The Spanish administration even decreed a moratorium on immigration detention and closed down all detention facilities from mid-spring to late summer 2020. The paper scrutinises these unprecedented changes by examining the variety of migration enforcement agendas adopted by European countries and the specific forces contributing to the prominent detention decline witnessed in the first months of the pandemic. Drawing on the Spanish case, the paper reflects on the potential impact of this promising precedent on the gradual consolidation of social and racial justice-based migration policies.

scholarly journals Mental health in immigration detention: A comparison of foreign national ex‐prisoners and other detainees

2021 ◽  
Vol 31 (4) ◽  
pp. 275-287
Author(s):  
Piyal Sen ◽  
Grace Crowley ◽  
Claira Moro ◽  
Karen Slade ◽  
Al Aditya Khan ◽  
...  
Keyword(s):  
Mental Health ◽  
Foreign National ◽  
Immigration Detention
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