"Deportation, regardless of justice: An examination of the experiences and effects of the 'deport first, appeal later' policy on foreign national pris
Lead Research Organisation:
University of Oxford
Department Name: Criminology Centre
Abstract
Criminological research into borders, the mass movement of people and, perhaps more importantly, the associated (perceived) necessity to control migrant populations has become a burgeoning and essential field of study. In an ever more global society where people are increasingly mobile and able to cross borders, it is unsurprising that there has become a perceived need for control of migrant populations. However it is the control methods that are being employed to manage these globalised citizens that are cause for concern, particularly for criminologists (Sudbury, 2005). In the UK, 2014 saw the introduction of new policy aimed at increasing the efficiency of deportation of foreign national prisoners. Existing provisions of the 'deport first, appeal later' policy were ratified by the Immigration Act 2014 and in its first year of being actioned, some 230 foreign national prisoners have been deported without the prior possibility of appealing the decision (Home Office, 2016). Those that receive a deportation order from the Home Office under the new legislation are unable to appeal the order until after they have been deported, meaning they must file the appeal from the receiving country. The austere rationale for this policy was stated by then Immigration and
Security Minister James Brokenshire, "the deported then have the right to launch an appeal from their own country, rather than clogging the British justice system - costing UK taxpayers time and money in fighting the cases through the courts." (The Guardian, 2015).
Deportation of foreign national prisoners has been a priority of the Home Office since 2006, and in that time there has been a significant amount of change in immigration policy and legislation. These changes have resulted in immigration systems and penal systems working ever more closely with the aim of increasing efficiency of foreign national deportation (Bosworth, 2011: 583). The introduction of the 'hubs and spokes' prison system meant that immigration policy was firmly embedded within the penal system (Kaufman, 2015) and the 2007 UK Border Act introduced mandatory deportation to all non-EEA citizens serving a custodial sentence of more than 12 months (Bosworth, 2011). The 2014 UK Border Act, which includes the 'deport first, appeal later' provision, is the latest in policy developments concerning deportation of foreign national prisoners and is arguably the most punitive of recent times. According to the Home Office, the number of foreign national prisoners removed from England and Wales via deportation is the highest it has been since 2009 and, in the last year, the deportation of foreign national prisoners has increased by 8% (Home Office,
2016b). Prior to this policy being introduced, foreign national prisoners appealing against deportation decisions could not be removed from the country until their appeal rights had been exhausted. A number of concerns are raised by the introduction of this new policy, not only in relation to the increasingly draconian nature of immigration policy and legislation, but also to the practical implications of such policy on the lives of the deportees and their families. This is particularly true in light of the fact that, so far, very few of the appeals that have been lodged have been upheld. Of the 230 people deported in the period 2014-2015, only 67 lodged complaints and of those, just 3 cases have been determined - all of them dismissed (Home Office, 2016). The proposed research will - as well as exploring experiences of the policy - contribute to an understanding of this scarcity of successful appeals. Removing the timely right to appeal within the UK is likely to inflict additional pain, trauma and trouble to this group of people and it is this potential extension to
the pains of imprisonment that I seek to explore by undertaking the research presented below.
In order to address this, it will be necessary to consider what is meant by punishment within the scope of
Security Minister James Brokenshire, "the deported then have the right to launch an appeal from their own country, rather than clogging the British justice system - costing UK taxpayers time and money in fighting the cases through the courts." (The Guardian, 2015).
Deportation of foreign national prisoners has been a priority of the Home Office since 2006, and in that time there has been a significant amount of change in immigration policy and legislation. These changes have resulted in immigration systems and penal systems working ever more closely with the aim of increasing efficiency of foreign national deportation (Bosworth, 2011: 583). The introduction of the 'hubs and spokes' prison system meant that immigration policy was firmly embedded within the penal system (Kaufman, 2015) and the 2007 UK Border Act introduced mandatory deportation to all non-EEA citizens serving a custodial sentence of more than 12 months (Bosworth, 2011). The 2014 UK Border Act, which includes the 'deport first, appeal later' provision, is the latest in policy developments concerning deportation of foreign national prisoners and is arguably the most punitive of recent times. According to the Home Office, the number of foreign national prisoners removed from England and Wales via deportation is the highest it has been since 2009 and, in the last year, the deportation of foreign national prisoners has increased by 8% (Home Office,
2016b). Prior to this policy being introduced, foreign national prisoners appealing against deportation decisions could not be removed from the country until their appeal rights had been exhausted. A number of concerns are raised by the introduction of this new policy, not only in relation to the increasingly draconian nature of immigration policy and legislation, but also to the practical implications of such policy on the lives of the deportees and their families. This is particularly true in light of the fact that, so far, very few of the appeals that have been lodged have been upheld. Of the 230 people deported in the period 2014-2015, only 67 lodged complaints and of those, just 3 cases have been determined - all of them dismissed (Home Office, 2016). The proposed research will - as well as exploring experiences of the policy - contribute to an understanding of this scarcity of successful appeals. Removing the timely right to appeal within the UK is likely to inflict additional pain, trauma and trouble to this group of people and it is this potential extension to
the pains of imprisonment that I seek to explore by undertaking the research presented below.
In order to address this, it will be necessary to consider what is meant by punishment within the scope of
Organisations
Studentship Projects
| Project Reference | Relationship | Related To | Start | End | Student Name |
|---|---|---|---|---|---|
| ES/P000649/1 | 01/10/2017 | 30/09/2027 | |||
| 1925536 | Studentship | ES/P000649/1 | 01/10/2017 | 31/01/2021 | Elizabeth Kullmann |
| Description | The research project that I am working on through this award seeks to gain a thorough understanding of the needs and experiences of European prisoners in England and Wales. This country has dedicated prisons for foreign-national prisoners only. All prisoners in these prisoners will have been in other prisons prior to being moved to a foreign-national only prison; the purpose of the move is usually to facilitate deportation. Unlike prisons for citizens, these prisons tend to lack resources for resettlement (since resettlement is likely going to be abroad). European prisoners - and specifically, Polish nationals - make up the largest prisoner population by nationality, second only to British prisoners. And yet, very little is known about them. This research has involved a 6month period of fieldwork in a foreign-national only prison where I have interviewed 40 prisoners from Poland to illuminate aspects of the challenges facing these prisoners today, highlighting how issues surrounding immigration increasingly affect prison operation. At this stage in the research, I am still working on coding and preliminary analysis of the findings from this fieldwork. As yet, it is difficult to make conclusive recommendations of findings, however some early concepts are certainly coming to light. The key theoretical area that I have noticed relates to the concept of belonging and identity. Many of the men interviewed see the UK as being their home and associate it with the formative years of their lives. Many have families and children that will be left behind or uprooted if they are to be deported. A second significant area relating to this notion of belonging concerns race and ethnicity. Though the majority of men I interviewed were white, a significant majority shared stories of racist or xenophobic treatment - particularly in the run up to the EU Referendum. This brings me to consider an important question of racial and ethnic hierarchy, including questioning whiteness - something that has been largely overlooked in the study of belonging, nationalism and race studies. More practically, preliminary findings have highlighted some operational issues in the prison where fieldwork took place. There are limited options for prisoners in terms of education and work. Moreover, the practical dilemma surrounding prisoner resettlement is distressing to many prisoners who are facing deportation. As well as this, there is a lack of clarity regarding the deportation process itself. Though foreign-national only prisons have immigration officers working within them at all times, there appears to be a discord in communication between prison staff and immigration staff. This often means that prisoners have difficulty in keeping up with the ongoings of their cases, which creates increased uncertainty and tension. These preliminary findings show that the fieldwork has yielded a number of avenues to follow up and reflect on, both in terms of theoretical developments but also practically. |
| Exploitation Route | There are already some clear ideas of how the outcomes of this funding will be put to use by others. And some ideas that have potential. I will outline these below. - As part of the negotiations for access to the field site (a foreign-national only prison in the England & Wales), I have agreed to write up a report for the governor and staff of the prison. This report will be based on findings, and allows a wonderful opportunity to share some of the prisoners' concerns as well as my own observations of some of the practices employed (both positive and areas to develop). This report will be completed and shared with the governor of the prison by end of August 2020. - This research project is dealing with a group of prisoners who are under-researched. I have, however, met with other researchers from a wide range of fields (e.g. geography, migration studies, political science) who are interested in similar questions and similar themes. We have noticed, therefore, that there is scope to collaborate and conduct knowledge exchange and potential joint publications to further the cause. - Going forward, I see potential in sharing the outcomes of this research with activists working on issues relating to prisoner's rights and also matters relating to deportation. |
| Sectors | Education,Government, Democracy and Justice,Security and Diplomacy |