DIY Policing: Crafting the New Contours of Policing in a Globalized World

2021 ◽  
pp. 19-37
Author(s):  
Ana Aliverti
Keyword(s):  
Immigration Enforcement ◽  
Foreign National ◽  
Foreign Nationals ◽  
Academic Literature ◽  
The Uk ◽  
Globalized World ◽  
Peculiar Nature

This chapter explores the experimentation within British policing resulting from the impetus to identify, fix individual identities, and make people legible in recent decades. Concerns over people’s identification and the crave for information has taken a new shift becoming a prime driver of police innovation and partnership work. The quest to know who is who reinvigorated institutional and operational connections with the inland immigration police, Home Office’s Immigration Enforcement (IE), including Operation Nexus. Operation Nexus (Nexus) is an initiative to bring the operational and intelligence capacities of IE and the police together to identify and manage foreign national suspects. While Nexus has been an important catalyst of fragmented and piecemeal practices in the policing of foreign nationals, the chapter focuses on the bespoke, informal nature of much (migration) policing which relies less on formal structures than in ever fragile and contingent relations, termed as ‘DIY policing’. The peculiar nature of such policing points to the intractable challenges of doing policing in contemporary conditions. At least in the UK, the analysis presented here points to a less coherent strategy and less assertive stance towards migration than that sometimes depicted by policy papers and academic literature on ‘crimmigration’, and provides an important empirical corrective to the dystopian diagnosis of penal power in criminology.

scholarly journals Coerced to Leave: Punishment and the Surveillance of Foreign-National Offenders in the UK

2014 ◽  
Vol 12 (4) ◽  
pp. 471-484 ◽  
Author(s):  
Ines Hasselberg
Keyword(s):  
Lived Experience ◽  
Electronic Monitoring ◽  
State Control ◽  
Judicial Process ◽  
Foreign National ◽  
Administrative Practices ◽  
Foreign Nationals ◽  
The United Kingdom ◽  
State Surveillance ◽  
The Uk

Drawing on ethnographic fieldwork conducted in London among foreign-national offenders facing deportation from the United Kingdom, this paper seeks to examine how foreign-national offenders experience and understand state policies of control. Worldwide, foreign-nationals are increasingly subject to forms of state surveillance, not just when crossing borders but also during their stay within a given state’s territory. Detention centres, weekly or monthly reporting requirements, and electronic monitoring are already common migrant surveillance strategies allied to deportation policies in many countries across the globe. These forms of state control are conceived legally as administrative practices necessary to control foreign-nationals whose status is still being adjudicated and to enforce the removal of unwanted foreign-nationals. Consequently, these strategies are not inflicted through a judicial process, even though these same practices are used within the context of penal incarceration and supervision. The lived experience of deportability and associated state surveillance highlights the punitive and coercive effects of detention and related conditions of bail. Ironically, but perhaps not unintentionally, those who are deemed a risk and subject to surveillance and banishment are therefore constantly feeling vulnerable and in need of protection. Because they do not consider themselves a risk to society, the foreign-national offenders interviewed for this study understand state surveillance not as a measure of control, but rather as punishment for wanting to stay. In their eyes, it is designed to coerce them to leave. An examination of the experiences of detention and bail reveals how such forms of surveillance work to discipline deportable bodies.

scholarly journals From prison to detention: The carceral trajectories of foreign-national prisoners in the United Kingdom

2016 ◽  
Vol 19 (2) ◽  
pp. 135-154 ◽  
Author(s):  
Sarah Turnbull ◽  
Ines Hasselberg
Keyword(s):  
United Kingdom ◽  
Lived Experiences ◽  
Research Data ◽  
Foreign National ◽  
Immigration Detention ◽  
Foreign Nationals ◽  
The United Kingdom ◽  
Law And Policy ◽  
Complex Process ◽  
The Uk

The United Kingdom has taken an increasingly punitive stance towards ‘foreign criminals’ using law and policy to pave the way for their expulsion from the country. Imprisonment, then, becomes the first stage in a complex process intertwining identity, belonging and punishment. We draw here on research data from two projects to understand the carceral trajectories of foreign-national offenders in the UK. We consider the lived experiences of male foreign-nationals in two sites: prison and immigration detention. The narratives presented show how imprisonment and detention coalesce within the deportation regime as a ‘double punishment’, one that is highly racialised and gendered. We argue that the UK’s increasingly punitive response to foreign-national offenders challenges the traditional purposes of punishment by sidestepping prisoners’ rehabilitative efforts and denying ‘second chances’ while enacting permanent exclusion through bans on re-entry.

The Magic of Immigration Enforcement: Discretion, Order and Policing

2021 ◽  
pp. 73-101
Author(s):  
Ana Aliverti
Keyword(s):  
Decision Making ◽  
State Power ◽  
World Order ◽  
Immigration Enforcement ◽  
Public And Private ◽  
Sovereign State ◽  
Relations Of Power ◽  
Institutional Actors ◽  
Peculiar Nature ◽  
Long Chain

This chapter examines the peculiar nature of immigration decision-making. Removal and deportation are state coercive acts that require the acquiescence of another sovereign state and often involve complex bilateral negotiations by parties in asymmetrical relations of power. As such they are truly international acts that demand careful coordination and interdependence between various actors and institutions. They place immigration officers at the receiving end of a long chain that connects various institutional actors across public and private domains spanning the local, the national, and the global. The peculiarity of immigration enforcement relates to the framework in which officers exercise discretion: a framework structured around a combination of variables over which they have little or no control, a game of chance or a lottery. Officers figuratively gesture at the magical powers of immigration enforcement to solve policing problems. The notion of magic attests to the attractions of immigration powers for everyday policing, as well as the random, capricious, informal, and arbitrary ways in which state power operates. The fragile, ever-changing grounds on which immigration staff make decisions reflects the challenges of state power to spatialize its authority in a transnational world order. By examining the imbrications of state power and magic, this chapter argues that immigration enforcement casts doubt on the presumed rationality of state bureaucracy and authority, exposing its arbitrariness as well as its limits.

Refugees, Foreign Nationals, and Wageni: Comparing African Responses to Somali Migration

2020 ◽  
Vol 63 (1) ◽  
pp. 18-42
Author(s):  
Beth Elise Whitaker
Keyword(s):  
South Africa ◽  
Comparative Analysis ◽  
Political Competition ◽  
Government Policies ◽  
Security Threat ◽  
Foreign National ◽  
Somali Refugees ◽  
Foreign Nationals ◽  
Host Government ◽  
Normative Considerations

Abstract:Host governments have responded to the migration of Somali refugees throughout Africa in recent decades in different ways. Kenyan policymakers have treated Somalis primarily as a security threat, imposing restrictions on them that especially target this group. In South Africa, where economic and political competition fuel xenophobia, Somalis are part of a larger foreign national population that is seen as having disproportionate economic influence. However, Somali Bantus have been welcomed in Tanzania, which granted them citizenship even as it limited the mobility and activities of other refugees. A comparative analysis suggests that the relative balance among security, economic, political, and normative considerations shapes the extent and scope of host government policies.

scholarly journals The variable and evolving nature of ‘cuckooing’ as a form of criminal exploitation in street level drug markets

2019 ◽  
Vol 23 (4) ◽  
pp. 301-323 ◽  
Author(s):  
Jack Spicer ◽  
Leah Moyle ◽  
Ross Coomber
Keyword(s):  
Qualitative Data ◽  
Crack Cocaine ◽  
Drug Markets ◽  
Drug Supply ◽  
Academic Literature ◽  
Criminal Exploitation ◽  
Local Residents ◽  
The Uk ◽  
Dominant Narratives ◽  
The Impact

AbstractA form of criminal exploitation rarely mentioned in the academic literature has recently emerged, evolved and taken meaningful hold in the UK. Hundreds of cases of ‘cuckooing’ have been reported, where heroin and crack cocaine dealers associated with the so-called ‘County Lines’ supply methodology have taken over the homes of local residents and created outposts to facilitate their supply operations in satellite locations. Dominant narratives surrounding this practice have stressed its exploitative nature and the vulnerabilities of those involved. Combining qualitative data from two studies, this paper critically analyses the model of cuckooing and the experiences of those affected. In turn it explores the impact of County Lines on affected areas and local populations, a topic that has received little academic scrutiny. Four typologies of cuckooing are constructed, highlighting its variance and complexity. Findings also suggest it to be a growing method of criminal exploitation beyond drug supply with a possible burgeoning presence being realised internationally.

Suspended Deportation Orders: A Proposed Law Reform

2020 ◽  
Vol 40 (2) ◽  
pp. 291-319
Author(s):  
Jonathan Collinson
Keyword(s):  
Family Life ◽  
Law Reform ◽  
Binary Outcomes ◽  
Criminal Offending ◽  
Practical Application ◽  
Foreign National ◽  
Statutory Law ◽  
Similarities And Differences ◽  
The Uk ◽  
Hard Cases

Abstract The Immigration Act 2014, the UK statutory law governing deportation, requires deportation as the normal consequence of criminal offending by a foreign national. Deportation is a binary institution; a foreign national offender (FNO) is made subject to a deportation order and deported from the UK, or they are not. This is problematic because it creates two kinds of ‘hard cases’ on either side of the statutory categories for exemption from deportation on the basis of an FNO’s article 8 ECHR family life. This article proposes the introduction of a ‘suspended deportation order’ so as to create a third possible disposal for deportation appeals as a means by which to tackle the problems arising from the binary outcomes to deportation appeals. The article examines suspended prison sentences as a model for the rationale and practical application of a ‘suspended deportation order’, noting both similarities and differences to this fixture of sentencing law.

scholarly journals Fusion legislation and forensic psychiatry: the criminal justice provisions of the Mental Capacity Act (Northern Ireland) 2016

2018 ◽  
Vol 24 (3) ◽  
pp. 195-203 ◽  
Author(s):  
Philip Campbell ◽  
Keith Rix
Keyword(s):  
Criminal Justice ◽  
Northern Ireland ◽  
Mental Capacity ◽  
List Type ◽  
Academic Literature ◽  
Advantages And Disadvantages ◽  
Long Line ◽  
History Of ◽  
Mental Capacity Act ◽  
The Uk

SUMMARYFusion legislation is the latest in a long line of reforms in mental health law that have sought to increase patient autonomy. It has not been without controversy, having been proposed and rejected in various jurisdictions throughout the UK and internationally, while causing considerable debate in the academic literature. This article considers some of the history and debate, along with the criminal justice provisions of the first piece of fusion legislation internationally, the Mental Capacity Act (Northern Ireland) 2016, and their potential implications.LEARNING OBJECTIVES•Understand the history of fusion legislation in the UK and internationally•Understand the advantages and disadvantages of fusion legislation•Understand the Mental Capacity Act (Northern Ireland) 2016 criminal justice provisionsDECLARATION OF INTERESTNone.

scholarly journals Mental health morbidity among people subject to immigration detention in the UK: a feasibility study

2017 ◽  
Vol 27 (6) ◽  
pp. 628-637 ◽  
Author(s):  
P. Sen ◽  
J. Arugnanaseelan ◽  
E. Connell ◽  
C. Katona ◽  
A. A. Khan ◽  
...  
Keyword(s):  
Mental Health ◽  
Personality Disorder ◽  
Mental Disorder ◽  
Developmental Disorders ◽  
Psychiatric Morbidity ◽  
Screening Tools ◽  
Psychiatric Research ◽  
Foreign National ◽  
Immigration Detention ◽  
The Uk

Aims.The UK has one of the largest systems of immigration detention in Europe.. Those detained include asylum-seekers and foreign national prisoners, groups with a higher prevalence of mental health vulnerabilities compared with the general population. In light of little published research on the mental health status of detainees in immigration removal centres (IRCs), the primary aim of this study was to explore whether it was feasible to conduct psychiatric research in such a setting. A secondary aim was to compare the mental health of those seeking asylum with the rest of the detainees.Methods.Cross-sectional study with simple random sampling followed by opportunistic sampling. Exclusion criteria included inadequate knowledge of English and European Union nationality. Six validated tools were used to screen for mental health disorders including developmental disorders like Personality Disorder, Attention Deficit Hyperactivity Disorder (ADHD), Autistic Spectrum Disorder (ASD) and Intellectual Disability, as well as for needs assessment. These were the MINI v6, SAPAS, AQ-10, ASRS, LDSQ and CANFOR. Demographic data were obtained using a participant demographic sheet. Researchers were trained in the use of the screening battery and inter-rater reliability assessed by joint ratings.Results.A total of 101 subjects were interviewed. Overall response rate was 39%. The most prevalent screened mental disorder was depression (52.5%), followed by personality disorder (34.7%) and post-traumatic stress disorder (20.8%). 21.8% were at moderate to high suicidal risk. 14.9 and 13.9% screened positive for ASD and ADHD, respectively. The greatest unmet needs were in the areas of intimate relationships (76.2%), psychological distress (72.3%) and sexual expression (71.3%). Overall presence of mental disorder was comparable with levels found in prisons. The numbers in each group were too small to carry out any further analysis.Conclusion.It is feasible to undertake a psychiatric morbidity survey in an IRC. Limitations of the study include potential selection bias, use of screening tools, use of single-site study, high refusal rates, the lack of interpreters and lack of women and children in study sample. Future studies should involve the in-reach team to recruit participants and should be run by a steering group consisting of clinicians from the IRC as well as academics.

scholarly journals On the Jurisprudential Significance of the Emergent State Practice concerning Foreign Nationals Merely Suspected of Involvement with Terrorist Offences

2009 ◽  
Vol 16 (3) ◽  
pp. 315-339
Author(s):  
Ben Chigara
Keyword(s):  
Human Rights ◽  
National Security ◽  
International Terrorism ◽  
International Human Rights Law ◽  
Foreign Nationals ◽  
Human Rights Protection ◽  
Rights Protection ◽  
State Practice ◽  
The One ◽  
The Uk

This article examines emergent state practice of European States concerning foreign nationals that are merely suspected but not charged with involvement with terrorist offences, including deportation to destinations where they risk torture, inhuman or degrading treatment or punishment – usually their own country of origin, contrary to the foremost rules of international human rights law. The article attempts a rule of law analysis with a view to evaluating the difficulty posed for States by the absence still of alternative mechanisms for ensuring both the national security interest on the one hand, and on the other, the human rights interest of terrorist suspects. The article argues that sustainable counter-terrorist strategies will be distinguished and characterised by their insistence on the recognition, promotion and protection of the dignity inherent in all individuals – including terrorist suspects whether or not they have been charged with terrorist offences. This calls for the urgent development of human rights steered national security policies that prioritize the recognition, promotion, protection and reinforcement of the dignity inherent in all individuals. Such policies will have at their core, strategies for the efficient resolution of the question of how best to deal with the individuals that are ‘merely suspected by States agents' of involvement in terrorist offences, particularly foreign nationals. The article examines jurisprudence arising from cases involving among others the UK, Italy, Sweden, Spain, the Netherlands and France and shows a worrying appetite by these pro-democracy States to minimize human rights protection of terrorist suspects as a means of progressing the fight against international terrorism. This approach contradicts the international paradigm of over six decades whereby the establishment and maintenance of international peace and security was premised on human rights. The article advocates the development of human rights steered policies and strategies to deal with foreign nationals suspected of involvement with international terrorism.

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