BiblioVault - Books about Detention of persons

The Death of Asylum

Hidden Geographies of the Enforcement Archipelago

Alison Mountz

University of Minnesota Press, 2020

Investigating the global system of detention centers that imprison asylum seekers and conceal persistent human rights violations

Remote detention centers confine tens of thousands of refugees, asylum seekers, and undocumented immigrants around the world, operating in a legal gray area that hides terrible human rights abuses from the international community. Built to temporarily house eight hundred migrants in transit, the immigrant “reception center” on the Italian island of Lampedusa has held thousands of North African refugees under inhumane conditions for weeks on end. Australia’s use of Christmas Island as a detention center for asylum seekers has enabled successive governments to imprison migrants from Asia and Africa, including the Sudanese human rights activist Abdul Aziz Muhamat, held there for five years.

In The Death of Asylum, Alison Mountz traces the global chain of remote sites used by states of the Global North to confine migrants fleeing violence and poverty, using cruel measures that, if unchecked, will lead to the death of asylum as an ethical ideal. Through unprecedented access to offshore detention centers and immigrant-processing facilities, Mountz illustrates how authorities in the United States, the European Union, and Australia have created a new and shadowy geopolitical formation allowing them to externalize their borders to distant islands where harsh treatment and deadly force deprive migrants of basic human rights.

Mountz details how states use the geographic inaccessibility of places like Christmas Island, almost a thousand miles off the Australian mainland, to isolate asylum seekers far from the scrutiny of humanitarian NGOs, human rights groups, journalists, and their own citizens. By focusing on borderlands and spaces of transit between regions, The Death of Asylum shows how remote detention centers effectively curtail the basic human right to seek asylum, forcing refugees to take more dangerous risks to escape war, famine, and oppression.

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From Chinese Exclusion to Guantánamo Bay

Plenary Power and the Prerogative State

Natsu Taylor Saito

University Press of Colorado, 2007

Continuous expansion of executive power is igniting national debate: Is the administration authorized to detain people without charges or access to counsel, due process, or a fair trial? Is torture acceptable as long as it doesn't happen on U.S. soil? In a new study of the use of plenary power - the doctrine under which U.S. courts have allowed the exercise of U.S. jurisdiction without concomitant constitutional protection - Natsu Taylor Saito puts contemporary policies in historical perspective, illustrating how such extensions of power have been upheld by courts from the 1880s to the present.

From Chinese Exclusion to Guantánamo Bay also provides a larger context for understanding problems resulting from the exercise of plenary power. Saito explains how the rights of individuals and groups deemed Other by virtue of race or national origin have been violated under both the Constitution and international law. The differing treatment of José Padilla and John Walker Lindh - both Americans accused of terrorism - provides an example of such disparate approaches. Such executive actions and their sanction by Congress and the judiciary, Saito argues, undermine not just individual rights but the very foundations of our national security - democracy and the rule of law.

From Chinese Exclusion to Guantánamo Bay will interest readers concerned with the historical background of constitutional protection in times of war and peace and will provide fascinating new material for scholars, teachers, and students of law, history, and ethnic studies

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The Guantanamo Files

The Stories of the 774 Detainees in America's Illegal Prison

Andy Worthington

Pluto Press, 2007

In 2006, four years after Guantanamo Bay prison opened, the Pentagon finally released the names of the 773 men held there,along with 7,000 pages of transcripts from tribunals assessing their status as "enemy combatants". Andy Worthington is the only person to have analyzed every page of these transcripts.

Drawing on these documents,as well as news reports and interviews with lawyers and released detainees, this book reveals, for the first time, the stories of all those imprisoned in Guantanamo.

This book does not make for easy reading, Deprived of the safeguards of the Geneva Conventions, and, for the most part,sold to the Americans by their allies in Afghanistan and Pakistan, the detainees have struggled for five years to have their stories heard. Looking in detail at the circumstances of their capture, and at the coercive interrogations and unsubstantiated allegations that have been used to justify their detention, The Guantanamo Files reveals that the majority of those captured were either Taliban foot soldiers or humanitarian aid workers, religious teachers and economic migrants,who were caught in the wrong place at the wrong time.

The book also uncovers stories of torture in Afghanistan and Guantanamo, and contains new information about the process of "extraordinary rendition" that underpins the "war on terror"'.

Who will speak for the 773 men who have been held in Guantanamo? This passionate and brilliantly detailed book brings their stories to the world for the first time.

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Habeas for the Twenty-First Century

Uses, Abuses, and the Future of the Great Writ

Nancy J. King and Joseph L. Hoffmann

University of Chicago Press, 2011

For centuries, the writ of habeas corpus has served as an important safeguard against miscarriages of justice, and today it remains at the center of some of the most contentious issues of our time—among them terrorism, immigration, crime, and the death penalty. Yet, in recent decades, habeas has been seriously abused. In this book, Nancy J. King and Joseph L. Hoffmann argue that habeas should be exercised with greater prudence.

Through historical, empirical, and legal analysis, as well as illustrative case studies, the authors examine the current use of the writ in the United States and offer sound reform proposals to help ensure its ongoing vitality in today’s justice system. Comprehensive and thoroughly grounded in a modern understanding of habeas corpus, this informative book will be an insightful read for legal scholars and anyone interested in the importance of habeas corpus for American government.

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Law, Liberty, and the Pursuit of Terrorism

Roger Douglas

University of Michigan Press, 2014

Roger Douglas compares responses to terrorism by five liberal democracies—the United States, the United Kingdom, Canada, Australia, and New Zealand—over the past 15 years. He examines each nation’s development and implementation of counterterrorism law, specifically in the areas of information-gathering, the definition of terrorist offenses, due process for the accused, detention, and torture and other forms of coercive questioning.

Douglas finds that terrorist attacks elicit pressures for quick responses, often allowing national governments to accrue additional powers. But emergencies are neither a necessary nor a sufficient condition for such laws, which may persist even after fears have eased. He argues that responses are influenced by both institutional interests and prior beliefs, and complicated when the exigencies of office and beliefs point in different directions. He also argues that citizens are wary of government’s impingement on civil liberties and that courts exercise their capacity to restrain the legislative and executive branches. Douglas concludes that the worst antiterror excesses have taken place outside of the law rather than within, and that the legacy of 9/11 includes both laws that expand government powers and judicial decisions that limit those very powers.

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Queer and Trans Migrations

Dynamics of Illegalization, Detention, and Deportation

Edited by Eithne Luibheid and Karma R. Chavez

University of Illinois Press, 2020

More than a quarter of a million LGBTQ-identified migrants in the United States lack documentation and constantly risk detention and deportation. LGBTQ migrants around the world endure similarly precarious situations. Eithne Luibhéid's and Karma R. Chávez’s edited collection provides a first-of-its-kind look at LGBTQ migrants and communities. The academics, activists, and artists in the volume center illegalization, detention, and deportation in national and transnational contexts, and examine how migrants and allies negotiate, resist, refuse, and critique these processes. The works contribute to the fields of gender and sexuality studies, critical race and ethnic studies, borders and migration studies, and decolonial studies.

Bridging voices and works from inside and outside of the academy, and international in scope, Queer and Trans Migrations illuminates new perspectives in the field of queer and trans migration studies.

Contributors: Andrew J. Brown, Julio Capó, Jr., Anna Carastathis, Jack Cáraves, Karma R. Chávez, Ryan Conrad, Elif, Katherine Fobear, Monisha Das Gupta, Jamila Hammami, Edward Ou Jin Lee, Leece Lee-Oliver, Eithne Luibhéid, Hana Masri, Yasmin Nair, Bamby Salcedo, Fadi Saleh, Rafael Ramirez Solórzano, José Guadalupe Herrera Soto, Myrto Tsilimpounidi, Suyapa Portillo Villeda, Sasha Wijeyeratne, Ruben Zecena

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Rendition to Torture

Clarke, Alan W

Rutgers University Press, 2012

Universally condemned and everywhere illegal, torture goes on in democracies as well as in dictatorships. Nonetheless, many Americans were surprised following the attacks of 9/11 at how easily the United States embraced torture as well as the supposedly lesser evil of cruel, inhuman, and degrading treatment. Nothing seemed extreme when it came to questioning real and imagined terrorists. Extraordinary rendition—sending people captured in the “war on terror” to nations long counted among the world’s worst human rights violators—hid from the public eye cruel and bloody interrogations. “Torture lite” or “torture without marks” became the norm for those in American custody.

In Rendition to Torture, Alan W. Clarke explains how the United States adopted torture as a matter of official policy; how and why it turned to extraordinary rendition as a way to outsource more extreme, mutilating forms of torture; and outlines the steps the United States took to hide its abuses. Many adverse consequences attended American use of torture. False information gleaned from torture was used to justify the Iraq war, adding potency to the charge that the war was illegal under international law. Moreover, European nations and Canada aided, abetted, and became thoroughly enmeshed in U.S.-led torture and renditions, thereby spreading both the problem and the blame for this practice. Clarke offers an extended critique of these activities, placing them in historical and legal context as well as in transnational and comparative perspective.

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The Rise and Fall of America's Concentration Camp Law

Civil Liberties Debates from the Internment to McCarthyism and the Radical 1960s

Masumi Izumi

Temple University Press, 2019

The Emergency Detention Act, Title II of the Internal Security Act of 1950, is the only law in American history to legalize preventive detention. It restricted the freedom of a certain individual or a group of individuals based on actions that may be taken that would threaten the security of a nation or of a particular area. Yet the Act was never enforced before it was repealed in 1971.

Masumi Izumi links the Emergency Detention Act with Japanese American wartime incarceration in her cogent study, The Rise and Fall of America’s Concentration Camp Law. She dissects the entangled discourses of race, national security, and civil liberties between 1941 and 1971 by examining how this historical precedent generated “the concentration camp law” and expanded a ubiquitous regime of surveillance in McCarthyist America.

Izumi also shows how political radicalism grew as a result of these laws. Japanese Americas were instrumental in forming grassroots social movements that worked to repeal Title II. The Rise and Fall of America’s Concentration Camp Law is a timely study in this age of insecurity where issues of immigration, race, and exclusion persist.

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Suspect Community

People's Experiences of the Prevention of Terrorism Act

Paddy Hillyard

Pluto Press, 1993

Terror Capitalism

Uyghur Dispossession and Masculinity in a Chinese City

Darren Byler

Duke University Press, 2021

In Terror Capitalism anthropologist Darren Byler theorizes the contemporary Chinese colonization of the Uyghur Muslim minority group in the northwest autonomous region of Xinjiang. He shows that the mass detention of over one million Uyghurs in “reeducation camps” is part of processes of resource extraction in Uyghur lands that have led to what he calls terror capitalism—a configuration of ethnoracialization, surveillance, and mass detention that in this case promotes settler colonialism. Drawing on ethnographic fieldwork in the regional capital Ürümchi, Byler shows how media infrastructures, the state’s enforcement of “Chinese” cultural values, and the influx of Han Chinese settlers contribute to Uyghur dispossession and their expulsion from the city. He particularly attends to the experiences of young Uyghur men—who are the primary target of state violence—and how they develop masculinities and homosocial friendships to protect themselves against gendered, ethnoracial, and economic violence. By tracing the political and economic stakes of Uyghur colonization, Byler demonstrates that state-directed capitalist dispossession is coconstructed with a colonial relation of domination.

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