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Immigration Detention and the Problem of Time: Lessons from Solitary Confinement
International Journal of Migration and Border Studies (2018)
  • Efrat Arbel, Allard School of Law at the University of British Columbia
Abstract
In 2016, the Canadian Government launched an initiative to reform
immigration detention, with the goal of creating a just and humane detention regime. In this paper, we argue that to achieve its stated goals, this initiative must address a core problem in the law of detention: the problem of time. This problem flows, in part, from there being no clear time limits on detention, and in part, from there being no clear standards for achieving release from detention. For insights into this problem, we turn to recent developments in the law of solitary confinement, which is similarly beset by the problem of time. Learning from solitary confinement, we argue that clear statutory time limits and meaningful independent oversight are necessary to ensure the just and humane regulation of detention. In their absence, the government’s reforms may amount to window-dressing: detention will continue to be vulnerable to misapplication and misuse, and to destroy and dehumanise those in its care.
Disciplines
Publication Date
2018
Citation Information
Efrat Arbel. "Immigration Detention and the Problem of Time: Lessons from Solitary Confinement" International Journal of Migration and Border Studies Vol. 4 Iss. 4 (2018) p. 326 - 344
Available at: http://works.bepress.com/efrat-arbel/12/