A Case of Mixed Motives?: Formal and Informal Functions of Administrative Immigration Detention

Случай смешанных мотивов? Формальные и неформальные функции административного содержания иммигрантов под стражей
Arjen Leerkes, Dennis Broeders
2010-07-08

Netherlandsadministrative detentionexpulsionillegal residenceimmigration detention
In most EU countries and the United States, immigration detention is defined as an administrative, non-punitive measure to facilitate expulsion. This paper argues that immigration detention in the Netherlands serves three informal functions in addition to its formal function as an instrument of expulsion: (1) deterring illegal residence, (2) controlling pauperism and (3) managing popular anxiety by symbolically asserting state control. These informal functions indicate that society has not found a definitive solution for the presence of migrants who are not admitted but are also difficult to expel. The analysis, which is placed against the background of the functions of penal detention, is based on policy documents, survey data, administrative data and fieldwork in a Dutch immigration detention centre.
1
Detention symbolically asserts state control over migrants who are not admitted but are difficult to expel.
2
In the Netherlands, immigration detention performs three informal functions beyond facilitating expulsion: deterring illegal residence, controlling pauperism, and managing public anxiety.
3
The analysis combines policy documents, survey and administrative data, and fieldwork in a Dutch immigration detention centre.
4
The coexistence of formal and informal functions shows that immigration detention is not exclusively non-punitive in practice.
5
These functions reflect the absence of a definitive societal solution for migrants who cannot remain legally but cannot be readily removed.

Immigration detention in the Netherlands

The formal expulsion function and informal functions of immigration detention: deterring illegal residence, controlling pauperism, and managing popular anxiety through symbolic assertions of state control

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2010-07-08
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Arjen Leerkes
Dennis Broeders
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