Journal
LAW & SOCIETY REVIEW
Volume 56, Issue 3, Pages 418-440Publisher
WILEY
DOI: 10.1111/lasr.12621
Keywords
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Funding
- Academy of Finland [323149]
- Academy of Finland (AKA) [323149, 323149] Funding Source: Academy of Finland (AKA)
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This article discusses how administrative practices shape immigration detention policies, addressing both administrative discretion in detention orders and their judicial supervision. The findings show that immigration detention is not a measure of last resort, but is used routinely with little individual assessment, for noncompliant and criminalized noncitizens.
This article discusses how administrative practices shape immigration detention policies, addressing both administrative discretion in detention orders and their judicial supervision. Due to vaguely formulated legal criteria and ineffective ex-post judicial supervision, the authorities have considerable discretionary powers in ordering detentions for noncompliant and criminalized noncitizens. Instead of being a measure of last resort, immigration detention is used in a routine manner, with little individual assessment, for the enforcement of removals and the prevention of irregular migration, as well as extensively for crime prevention. The findings demonstrate the role of the police as the main actor in the detention system in Finland, with significant implications for the formation of detention policies.
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