Pub Date : 2018-08-14DOI: 10.5744/FLORIDA/9781683400400.003.0003
Carl Lindskoog
Chapter 2 examines the Caribbean refugee crisis of 1980 and the government’s response. After more than one hundred thousand Cubans and tens of thousands of Haitians arrived on American shores in a matter of months, the Carter administration implemented a policy of detention for both groups. But this temporary response mutated into a more permanent policy of long-term detention for Haitians (as well as several hundred Cubans) and ultimately into the more widespread use of detention for asylum seekers. This chapter also explores the origins and early history of the Krome Avenue Detention Center in Miami, a site that remained central to the history of immigration detention and also documents attempts by the government to create its first refugee processing center and detention facility outside of the mainland United States, in Fort Allen, Puerto Rico. Ultimately, the Carter administration’s treatment of Haitian asylum seekers at this critical moment in 1980 enabled the succeeding administration to dramatically expand the role of detention in the U.S. government’s immigration enforcement arsenal.
{"title":"The Refugee Crisis of 1980","authors":"Carl Lindskoog","doi":"10.5744/FLORIDA/9781683400400.003.0003","DOIUrl":"https://doi.org/10.5744/FLORIDA/9781683400400.003.0003","url":null,"abstract":"Chapter 2 examines the Caribbean refugee crisis of 1980 and the government’s response. After more than one hundred thousand Cubans and tens of thousands of Haitians arrived on American shores in a matter of months, the Carter administration implemented a policy of detention for both groups. But this temporary response mutated into a more permanent policy of long-term detention for Haitians (as well as several hundred Cubans) and ultimately into the more widespread use of detention for asylum seekers. This chapter also explores the origins and early history of the Krome Avenue Detention Center in Miami, a site that remained central to the history of immigration detention and also documents attempts by the government to create its first refugee processing center and detention facility outside of the mainland United States, in Fort Allen, Puerto Rico. Ultimately, the Carter administration’s treatment of Haitian asylum seekers at this critical moment in 1980 enabled the succeeding administration to dramatically expand the role of detention in the U.S. government’s immigration enforcement arsenal.","PeriodicalId":274666,"journal":{"name":"Detain and Punish","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125303390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-14DOI: 10.5744/florida/9781683400400.003.0007
Carl Lindskoog
Haitian detention at Guantanamo Bay continued to focus attention on U.S. detention practice in 1995 as the government’s detention of hundreds of unaccompanied Haitian youth generated enormous controversy and loud calls for their freedom. Chapter 6 documents this struggle over child detention before it moves to an examination of two key pieces of legislation in 1996 that had a decisive impact on the history of immigration detention in the U.S. The Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration and Immigrant Responsibility Act (IIRIRA) were measures that consummated the marriage of immigration restriction and mass incarceration, devastated immigrant communities, and led to an enormous expansion of the immigration detention system. Finally, chapter 6 illustrates what the immigration detention system had become by the late 1990s and how, despite the extraordinary power and cruelty of the system, detainees continued to exercise resistance.
{"title":"Reinforcing the Detention System, 1994–2000","authors":"Carl Lindskoog","doi":"10.5744/florida/9781683400400.003.0007","DOIUrl":"https://doi.org/10.5744/florida/9781683400400.003.0007","url":null,"abstract":"Haitian detention at Guantanamo Bay continued to focus attention on U.S. detention practice in 1995 as the government’s detention of hundreds of unaccompanied Haitian youth generated enormous controversy and loud calls for their freedom. Chapter 6 documents this struggle over child detention before it moves to an examination of two key pieces of legislation in 1996 that had a decisive impact on the history of immigration detention in the U.S. The Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration and Immigrant Responsibility Act (IIRIRA) were measures that consummated the marriage of immigration restriction and mass incarceration, devastated immigrant communities, and led to an enormous expansion of the immigration detention system. Finally, chapter 6 illustrates what the immigration detention system had become by the late 1990s and how, despite the extraordinary power and cruelty of the system, detainees continued to exercise resistance.","PeriodicalId":274666,"journal":{"name":"Detain and Punish","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124911795","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-14DOI: 10.5744/florida/9781683400400.003.0005
Carl Lindskoog
Chapter 4 explains how the government’s blanket detention policy came about and why the Haitian-only detention policy was subsequently expanded to include all inadmissible aliens. This chapter charts the growth of the new detention system in its first decade, including the introduction and use of the first private, for-profit prisons in the United States. In addition, chapter 4 illustrates the wide-ranging resistance movement that developed alongside the growing detention system, documenting the role played by detainees as well as their allies in the streets, courtrooms, and halls of Congress. The campaign of legal resistance is a particular focus of this fourth chapter because many of the most important legal challenges to the burgeoning immigration detention system came from Haitians.
{"title":"Construction of and Resistance to the Detention Regime, 1981–1991","authors":"Carl Lindskoog","doi":"10.5744/florida/9781683400400.003.0005","DOIUrl":"https://doi.org/10.5744/florida/9781683400400.003.0005","url":null,"abstract":"Chapter 4 explains how the government’s blanket detention policy came about and why the Haitian-only detention policy was subsequently expanded to include all inadmissible aliens. This chapter charts the growth of the new detention system in its first decade, including the introduction and use of the first private, for-profit prisons in the United States. In addition, chapter 4 illustrates the wide-ranging resistance movement that developed alongside the growing detention system, documenting the role played by detainees as well as their allies in the streets, courtrooms, and halls of Congress. The campaign of legal resistance is a particular focus of this fourth chapter because many of the most important legal challenges to the burgeoning immigration detention system came from Haitians.","PeriodicalId":274666,"journal":{"name":"Detain and Punish","volume":"90 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124642140","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-14DOI: 10.5744/florida/9781683400400.003.0004
Carl Lindskoog
Immigration detention was formally reborn in the United States when the Reagan administration reinstituted a policy of detention in 1981. And at that moment, the new detention policy applied exclusively to Haitians. Chapter 3 documents how and why Haitian asylum seekers were the first targets of the revived detention program; it considers how the Reagan administration’s concerns about surging numbers of asylum seekers and anxiety over mass migration to the United States also influenced its decision to redeploy immigration detention. Finally, this third chapter documents the government’s early efforts to construct its new detention system and the movement that emerged to resist it.
{"title":"Immigration Detention Reborn, 1981–1982","authors":"Carl Lindskoog","doi":"10.5744/florida/9781683400400.003.0004","DOIUrl":"https://doi.org/10.5744/florida/9781683400400.003.0004","url":null,"abstract":"Immigration detention was formally reborn in the United States when the Reagan administration reinstituted a policy of detention in 1981. And at that moment, the new detention policy applied exclusively to Haitians. Chapter 3 documents how and why Haitian asylum seekers were the first targets of the revived detention program; it considers how the Reagan administration’s concerns about surging numbers of asylum seekers and anxiety over mass migration to the United States also influenced its decision to redeploy immigration detention. Finally, this third chapter documents the government’s early efforts to construct its new detention system and the movement that emerged to resist it.","PeriodicalId":274666,"journal":{"name":"Detain and Punish","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125460711","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-14DOI: 10.5744/florida/9781683400400.003.0002
Carl Lindskoog
Chapter 1 examines the U.S. government’s response to the Haitian “boat people” from 1973 to 1980, finding that the government immediately met them with a policy of denial of asylum, implementing a set of practices, including detention, meant to deter Haitians from seeking asylum on American shores. This first chapter also chronicles the earliest resistance to detention by detained refugees and their allies and the advocacy campaign for Haitian refugees that developed in the 1970s that included political mobilization and legal resistance. The most notable achievement of the resistance came in the landmark case Haitian Refugee v. Civiletti, striking a lethal blow to the government’s Haitian Program which involved the detention and expedited removal of Haitians. Despite this victory for the refugees, the government’s efforts to exclude and deter Haitian asylum seekers during the 1970s cleared the way for the return of immigrant detention in the following years.
{"title":"Making a Path for the Return of Immigrant Detention, 1973–1980","authors":"Carl Lindskoog","doi":"10.5744/florida/9781683400400.003.0002","DOIUrl":"https://doi.org/10.5744/florida/9781683400400.003.0002","url":null,"abstract":"Chapter 1 examines the U.S. government’s response to the Haitian “boat people” from 1973 to 1980, finding that the government immediately met them with a policy of denial of asylum, implementing a set of practices, including detention, meant to deter Haitians from seeking asylum on American shores. This first chapter also chronicles the earliest resistance to detention by detained refugees and their allies and the advocacy campaign for Haitian refugees that developed in the 1970s that included political mobilization and legal resistance. The most notable achievement of the resistance came in the landmark case Haitian Refugee v. Civiletti, striking a lethal blow to the government’s Haitian Program which involved the detention and expedited removal of Haitians. Despite this victory for the refugees, the government’s efforts to exclude and deter Haitian asylum seekers during the 1970s cleared the way for the return of immigrant detention in the following years.","PeriodicalId":274666,"journal":{"name":"Detain and Punish","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125486367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-08-14DOI: 10.5744/florida/9781683400400.003.0008
Carl Lindskoog
The conclusion examines the United States’ detention practices in the wake of the terrorist attacks of September 11, 2001, and the global spread of immigration detention that saw countries around the world constructing their own detention regimes from the United States’ model. It then conducts a brief examination of the problem that emerges at the intersection of state sovereignty and universal human rights; it closes with a survey of the contemporary movement against immigration detention, asking what future there might be for a world in which liberty and freedom of movement are treated as inalienable human rights.
{"title":"Conclusion","authors":"Carl Lindskoog","doi":"10.5744/florida/9781683400400.003.0008","DOIUrl":"https://doi.org/10.5744/florida/9781683400400.003.0008","url":null,"abstract":"The conclusion examines the United States’ detention practices in the wake of the terrorist attacks of September 11, 2001, and the global spread of immigration detention that saw countries around the world constructing their own detention regimes from the United States’ model. It then conducts a brief examination of the problem that emerges at the intersection of state sovereignty and universal human rights; it closes with a survey of the contemporary movement against immigration detention, asking what future there might be for a world in which liberty and freedom of movement are treated as inalienable human rights.","PeriodicalId":274666,"journal":{"name":"Detain and Punish","volume":"258 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123079503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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