TRAPPED BETWEEN TRAPPED BETWEEN ADMINISTRATIVE DETENTION, - - PowerPoint PPT Presentation

TRAPPED BETWEEN ADMINISTRATIVE DETENTION, PRISON AND FREEDOM-IN- LIMBO TRAPPED BETWEEN ADMINISTRATIVE DETENTION, PRISON AND FREEDOM-IN- LIMBO

Presentation by CHARLES GOSME (Ph.D. Candidate at Sciences Po Law School) CRIMMIGRATION CONFERENCE in COIMBRA, PORTUGAL, 11 October 2012 Presentation by CHARLES GOSME (Ph.D. Candidate at Sciences Po Law School) CRIMMIGRATION CONFERENCE in COIMBRA, PORTUGAL, 11 October 2012

INTRODUCTION

EL DRIDI EL DRIDI ACHUGHBABIAN ACHUGHBABIAN COURT OF JUSTICE OF THE EU (2011 rulings) COURT OF JUSTICE OF THE EU (2011 rulings)

PARTIAL DECRIMINALISATION OF ILLEGAL STAY PARTIAL DECRIMINALISATION OF ILLEGAL STAY

ILLEGALLY STAYING THIRD-COUNTRY NATIONALS ILLEGALLY STAYING THIRD-COUNTRY NATIONALS

RESIDUAL CATEGORY

PERMISSIBLE TARGETS OF IMPRISONMENT PERMISSIBLE TARGETS OF IMPRISONMENT

PART I : THREE SANCTIONS AGAINST ILLEGAL STAY PART I : THREE SANCTIONS AGAINST ILLEGAL STAY PART II : NON-REMOVABLE PERSONS AND THE COURT'S RESIDUAL CATEGORY OF ILLEGAL RESIDENTS PART II : NON-REMOVABLE PERSONS AND THE COURT'S RESIDUAL CATEGORY OF ILLEGAL RESIDENTS PART III : THE RESIDUAL CATEGORY TRAPPED BETWEEN THE THREE EXCLUSIONARY SPACES OF ADMINISTRATIVE DETENTION, PRISON, AND FREEDOM-IN-LIMBO PART III : THE RESIDUAL CATEGORY TRAPPED BETWEEN THE THREE EXCLUSIONARY SPACES OF ADMINISTRATIVE DETENTION, PRISON, AND FREEDOM-IN-LIMBO PART IV : CONVERGING FUNCTIONS OF THESE THREE EXCLUSIONARY SPACES PART IV : CONVERGING FUNCTIONS OF THESE THREE EXCLUSIONARY SPACES CONCLUSION : EU STATES VERSUS NON-COOPERATIVE EXHAUSTED-RETURNEES

PART I : THREE SANCTIONS AGAINST ILLEGAL STAY PART I : THREE SANCTIONS AGAINST ILLEGAL STAY

REMOVAL REMOVAL PRISON PRISON SANCTIONS AGAINST ILLEGAL STAY SANCTIONS AGAINST ILLEGAL STAY EXCLUSION FROM RIGHTS ATTACHED TO LEGAL RESIDENCE EXCLUSION FROM RIGHTS ATTACHED TO LEGAL RESIDENCE IMMIGRATION SANCTIONS IMMIGRATION SANCTIONS CRIMINAL SANCTIONS (national competence) CRIMINAL SANCTIONS (national competence) COLLATERAL SANCTIONS COLLATERAL SANCTIONS

COURT OF JUSTICE RULINGS COURT OF JUSTICE RULINGS SHIFTING THE NEXUS BETWEEN SANCTIONS OF REMOVAL AND IMPRISONMENT SHIFTING THE NEXUS BETWEEN SANCTIONS OF REMOVAL AND IMPRISONMENT

IMPRISONMENT IMPRISONMENT

1) ILLEGAL RESIDENT SUBJECTED TO EVERY STAGE OF THE REMOVAL PROCEDURE 2) RELEASED FOLLOWING MAXIMUM PERIOD OF ADMINISTRATIVE DETENTION 3) NO JUSTIFIED GROUND OF NON-RETURN

PART II : NON-REMOVABLE PERSONS AND THE COURT'S RESIDUAL CATEGORY OF ILLEGAL RESIDENTS PART II : NON-REMOVABLE PERSONS AND THE COURT'S RESIDUAL CATEGORY OF ILLEGAL RESIDENTS

LEGAL OBSTACLES LEGAL OBSTACLES PRACTICAL OBSTACLES PRACTICAL OBSTACLES POLICY OBSTACLES POLICY OBSTACLES

ILLEGALLY STAYING THIRD-COUNTRY NATIONALS WHO CANNOT BE REMOVED ILLEGALLY STAYING THIRD-COUNTRY NATIONALS WHO CANNOT BE REMOVED

Eurostat (2009) : 311,205 out of 563,995 removal orders not carried out Eurostat (2009) : 311,205 out of 563,995 removal orders not carried out Eurostat (2010) : 280,800 out of 505,140 removal orders not carried out Eurostat (2010) : 280,800 out of 505,140 removal orders not carried out

ILLEGALLY STAYING THIRD-COUNTRY NATIONALS WHO CANNOT BE REMOVED ILLEGALLY STAYING THIRD-COUNTRY NATIONALS WHO CANNOT BE REMOVED

NEXUS ?

REGULARISATION, POSTPONEMENT OF REMOVAL, ADMINISTRATIVE DETENTION REGULARISATION, POSTPONEMENT OF REMOVAL, ADMINISTRATIVE DETENTION

ILLEGAL RESIDENCE ILLEGAL RESIDENCE

• EXHAUSTED-

RETURN

• EXHAUSTED-

RETURN

• INFORMALLY

POSTPONED-REMOVAL

• INFORMALLY

POSTPONED-REMOVAL

• FORMALLY POSTPONED-

REMOVAL

• FORMALLY POSTPONED-

REMOVAL TOLERATED RESIDENCE TOLERATED RESIDENCE LEGAL RESIDENCE LEGAL RESIDENCE

(-HYBRID LEGAL/TOLERATED STATUS) (-HYBRID LEGAL/TOLERATED STATUS)

SPECTRUM BETWEEN ILLEGAL AND LEGAL STAY

NON-REMOVABLE ON LEGAL GROUNDS NON-REMOVABLE ON LEGAL GROUNDS

DISCRETIONARY REGULARISATION DISCRETIONARY REGULARISATION DEFAULT : FORMAL POSTPONEMENT OF REMOVAL DEFAULT : FORMAL POSTPONEMENT OF REMOVAL DEFAULT : INFORMAL POSTPONEMENT OF REMOVAL DEFAULT : INFORMAL POSTPONEMENT OF REMOVAL UNLAWFUL REMOVAL UNLAWFUL REMOVAL

NON-REMOVABLE ON PRACTICAL GROUNDS NON-REMOVABLE ON PRACTICAL GROUNDS

DISCRETIONARY REGULARISATION DISCRETIONARY REGULARISATION DISCRETIONARY POSTPONEMENT OF REMOVAL DISCRETIONARY POSTPONEMENT OF REMOVAL EXHAUSTION OF RETURN PROCEDURE EXHAUSTION OF RETURN PROCEDURE EFFECTIVE REMOVAL EFFECTIVE REMOVAL

NON-REMOVABLE ON PRACTICAL GROUNDS NON-REMOVABLE ON PRACTICAL GROUNDS COOPERATIVE RETURNEES COOPERATIVE RETURNEES COOPERATIVE RETURNEES NON-COOPERATIVE RETURNEES NON-COOPERATIVE RETURNEES

RESIDUAL CATEGORY RESIDUAL CATEGORY

=

NON-COOPERATIVE EXHAUSTED-RETURNEES NON-COOPERATIVE EXHAUSTED-RETURNEES

DIFFERENT ENTITLEMENTS OF LEGAL RESIDENTS, TOLERATED RESIDENTS AND EXHAUSTED-RETURNEES DIFFERENT ENTITLEMENTS OF LEGAL RESIDENTS, TOLERATED RESIDENTS AND EXHAUSTED-RETURNEES LEGAL RESIDENTS LEGAL RESIDENTS FAIR TREATMENT (EU TREATY GOAL) FAIR TREATMENT (EU TREATY GOAL) POSTPONED-REMOVAL STATUS POSTPONED-REMOVAL STATUS PRINCIPLES OF EMERGENCY HEALTH CARE, FAMILY UNITY, ACCESS OF MINORS TO EDUCATION (RETURN DIRECTIVE) PRINCIPLES OF EMERGENCY HEALTH CARE, FAMILY UNITY, ACCESS OF MINORS TO EDUCATION (RETURN DIRECTIVE) EXHAUSTED-RETURN STATUS EXHAUSTED-RETURN STATUS NO MENTION IN RETURN DIRECTIVE OR ANY OTHER LEGISLATION NO MENTION IN RETURN DIRECTIVE OR ANY OTHER LEGISLATION

PART III : THE RESIDUAL CATEGORY TRAPPED BETWEEN THE THREE EXCLUSIONARY SPACES OF ADMINISTRATIVE DETENTION, PRISON, AND FREEDOM-IN-LIMBO PART III : THE RESIDUAL CATEGORY TRAPPED BETWEEN THE THREE EXCLUSIONARY SPACES OF ADMINISTRATIVE DETENTION, PRISON, AND FREEDOM-IN-LIMBO

EXHAUSTED-RETURNEES ALREADY MOST VULNERABLE CATEGORY OF NON-REMOVABLE PERSONS REPEATED CYCLES OF ARREST- DETENTION-RELEASE FREEDOM IN A LIMBO OF EXCLUSION FROM REGULARISATION AND FORMAL TOLERATION CIMADE 2010 Report : many persons successively placed in detention between 5 and 15 times CIMADE 2010 Report : many persons successively placed in detention between 5 and 15 times European Court of Justice KADZOEV case

COURT OF JUSTICE RULINGS REFLECT TREND IN CERTAIN EU STATES WHERE ILLEGAL STAY CAN LEAD TO IMPRISONMENT COURT OF JUSTICE RULINGS REFLECT TREND IN CERTAIN EU STATES WHERE ILLEGAL STAY CAN LEAD TO IMPRISONMENT TREND IN RECENT YEARS TOWARDS FOCUSING PROSECUTIONS ON ILLEGAL RESIDENTS WHO HAMPER THEIR REMOVAL PROCEDURE TREND IN RECENT YEARS TOWARDS FOCUSING PROSECUTIONS ON ILLEGAL RESIDENTS WHO HAMPER THEIR REMOVAL PROCEDURE France : « penal guidelines » circulars adopted in 2006 and 2011 France : « penal guidelines » circulars adopted in 2006 and 2011 UK : Legal Services Commission, Simple cautions for foreign national offenders: pilot policy statement, 29 November 2010 UK : Legal Services Commission, Simple cautions for foreign national offenders: pilot policy statement, 29 November 2010 Germany : EMN Contact Point's Response to Ad Hoc Query Germany : EMN Contact Point's Response to Ad Hoc Query

FRENCH CASE-STUDY

Administrative detention Administrative detention Prison Prison Freedom-in-limbo Freedom-in-limbo

CIMADE REPORT : 33692 illegal residents placed in administrative detention centres in 2010 CIMADE REPORT : 33692 illegal residents placed in administrative detention centres in 2010 Justice Dept Statistics (prov.) : 3700 persons convicted for the crime of illegal entry/stay in 2010 Justice Dept Statistics (prov.) : 3700 persons convicted for the crime of illegal entry/stay in 2010 CIMADE REPORT : 24018 persons left administrative Detention in 2010 CIMADE REPORT : 24018 persons left administrative Detention in 2010

FRENCH CASE-STUDY

Administrative detention Administrative detention Prison Prison CIMADE REPORT :

634 persons

In 2010

• ut of 24018 who left

CIMADE REPORT :

634 persons

In 2010

• ut of 24018 who left

Prosecuted for hampering removal Prison sentences ranging from 1 to 4 months Prison sentences ranging from 1 to 4 months

FRENCH CASE-STUDY

Foreign prisoners under an obligation to leave Foreign prisoners under an obligation to leave Administrative detention Administrative detention CIMADE REPORT :

1070 persons

in 2010 in France CIMADE REPORT :

1070 persons

in 2010 in France Fleury Mérogis Prison Fleury Mérogis Prison Administrative detention Administrative detention Release Release 50% chance 50% chance 50% chance 50% chance

FRENCH CASE-STUDY

Administrative detention Administrative detention Prison Prison Freedom-in-limbo Freedom-in-limbo WEAK MECHANISMS FOR REGULARISING AND FORMALLY TOLERATING PERSONS WHO CANNOT BE REMOVED ON PRACTICAL GROUNDS WEAK MECHANISMS FOR REGULARISING AND FORMALLY TOLERATING PERSONS WHO CANNOT BE REMOVED ON PRACTICAL GROUNDS A CRIMINAL RECORD OFTEN ACTS AS A DISQUALIFIER UNDER BOTH REGULARISATION MECHANISMS AND PROGRAMMES A CRIMINAL RECORD OFTEN ACTS AS A DISQUALIFIER UNDER BOTH REGULARISATION MECHANISMS AND PROGRAMMES

FRENCH CASE-STUDY

2007 CIMADE Report : narrative of M.J. AD AD FIL FIL P P AD AD REMOVAL TO ALGERIA AD AD P P FIL FIL AD AD FIL FIL AD AD FIL FIL FINAL RELEASE FINAL RELEASE

PROBLEMS WITH THE LINE SEPARATING THE COURT'S RESIDUAL CATEGORY FROM ALL OTHER ILLEGALLY STAYING THIRD COUNTRY NATIONALS PROBLEMS WITH THE LINE SEPARATING THE COURT'S RESIDUAL CATEGORY FROM ALL OTHER ILLEGALLY STAYING THIRD COUNTRY NATIONALS DISTINCTION BETWEEN LEGAL/PRACTICAL OBSTACLES TO REMOVAL DISTINCTION BETWEEN LEGAL/PRACTICAL OBSTACLES TO REMOVAL Procedural manipulability Procedural manipulability DISTINCTION BETWEEN JUSITIFIED / UNJUSTIFIED GROUNDS OF NON-RETURN DISTINCTION BETWEEN JUSITIFIED / UNJUSTIFIED GROUNDS OF NON-RETURN CIMADE 2010 REPORT : persons were convicted for hampering removal when practical obstacles were beyond their control CIMADE 2010 REPORT : persons were convicted for hampering removal when practical obstacles were beyond their control

PART IV : CONVERGING FUNCTIONS OF THESE THREE EXCLUSIONARY SPACES PART IV : CONVERGING FUNCTIONS OF THESE THREE EXCLUSIONARY SPACES

JULIET STUMPF JULIET STUMPF

CONVERGENCE OF IMMIGRATION AND CRIMINAL LAW IN THE US (SIMILARITIES IN THE EU) CONVERGENCE OF IMMIGRATION AND CRIMINAL LAW IN THE US (SIMILARITIES IN THE EU) CONVERGENCE OF MOTIVATIONAL IDEOLOGIES BEHIND IMMIGRATION AND CRIMINAL SANCTIONS CONVERGENCE OF MOTIVATIONAL IDEOLOGIES BEHIND IMMIGRATION AND CRIMINAL SANCTIONS

EXTENSION OF JULIET STUMPF'S CONVERGENCE THESIS IN MY ARTICLE EXTENSION OF JULIET STUMPF'S CONVERGENCE THESIS IN MY ARTICLE

CONVERGING FUNCTIONS OF ADMINISTRATIVE DETENTION, PRISON AND FREEDOM-IN-LIMBO IN THEIR COMBINED APPLICATION AGAINST THE RESIDUAL CATEGORY CONVERGING FUNCTIONS OF ADMINISTRATIVE DETENTION, PRISON AND FREEDOM-IN-LIMBO IN THEIR COMBINED APPLICATION AGAINST THE RESIDUAL CATEGORY 3 SPACES OF MEMBERSHIP EXCLUSION 3 SPACES OF MEMBERSHIP EXCLUSION

ALL THREE SPACES CORRESPOND TO INTERNAL SEGREGATION AND EXCLUSION ALL THREE SPACES CORRESPOND TO INTERNAL SEGREGATION AND EXCLUSION

Administrative detention Administrative detention Prison Prison Freedom-in-limbo Freedom-in-limbo PHYSICAL CONFINEMENT AND SEGREGATION WITHIN SOCIETY PHYSICAL CONFINEMENT AND SEGREGATION WITHIN SOCIETY EXTENSIVE SOCIETAL DISCRIMINATION OUTSIDE DETENTION EXTENSIVE SOCIETAL DISCRIMINATION OUTSIDE DETENTION

PUNISHMENT PUNISHMENT DETERRENCE DETERRENCE INCAPACITATION INCAPACITATION CURBED-EXPENDITURE CURBED-EXPENDITURE SELECTION SELECTION EXPRESSIVE POWER OF THE STATE EXPRESSIVE POWER OF THE STATE ENHANCED REMOVABILITY ENHANCED REMOVABILITY

PLAUSIBLE FUNCTIONS OF THE 3 EXCLUSIONARY SPACES PLAUSIBLE FUNCTIONS OF THE 3 EXCLUSIONARY SPACES

FUNCTIONS THAT SERVE TO PROTECT : FUNCTIONS THAT SERVE TO PROTECT :

TERRITORIAL SOVEREIGNTY TERRITORIAL SOVEREIGNTY SYSTEM INTEGRITY SYSTEM INTEGRITY SYSTEM GOALS : SOCIO-ECONOMIC, SECURITY …. SYSTEM GOALS : SOCIO-ECONOMIC, SECURITY ….

FUNCTIONS OF ADMINISTRATIVE DETENTION FUNCTIONS OF ADMINISTRATIVE DETENTION

PUNISHMENT PUNISHMENT INCAPACITATION & ENHANCED REMOVABILITY INCAPACITATION & ENHANCED REMOVABILITY

Part of deportation retribution Part of deportation retribution Most coercive pre-return measure Most coercive pre-return measure Mimics criminal detention Mimics criminal detention Prevent non-compliance with return measures Prevent non-compliance with return measures Public order and « pauperism control » (Arjen Leerkes and Dennis

Broeders)

Public order and « pauperism control » (Arjen Leerkes and Dennis

Broeders)

Absconding and hampering Absconding and hampering

FUNCTIONS OF ADMINISTRATIVE DETENTION FUNCTIONS OF ADMINISTRATIVE DETENTION

DETERRENCE & ENHANCED REMOVABILITY DETERRENCE & ENHANCED REMOVABILITY EXPRESSIVE POWER OF THE STATE EXPRESSIVE POWER OF THE STATE

Deter obstructive strategies Send a signal (Claire Rodier and

Isabelle Saint-Saëns)

Send a signal (Claire Rodier and

Isabelle Saint-Saëns)

SPECTACLE VERSUS EFFECTIVE GOVERNANCE

(Juliet Stumpf ; Claire Rodier and Isabelle Saint-Saëns)

Return Directive : extension of detention essentially targets non-cooperative persons Return Directive : extension of detention essentially targets non-cooperative persons e.g. German EMN National Contact Point

FUNCTIONS OF IMPRISONMENT OF RESIDUAL CATEGORY FUNCTIONS OF IMPRISONMENT OF RESIDUAL CATEGORY

PUNISHMENT / RETRIBUTION PUNISHMENT / RETRIBUTION INCAPACITATION INCAPACITATION SELECTION (ADDED) SELECTION (ADDED) EXPRESSIVE POWER OF THE STATE EXPRESSIVE POWER OF THE STATE

Against transgression of territorial sovereignty and resistance to enforcement

• f that sovereignty

Against transgression of territorial sovereignty and resistance to enforcement

• f that sovereignty

Picks where administrative detention left off Picks where administrative detention left off A spectacle which even left wing governments often hesitate to let go of Disqualification from eligibility for regularisation Disqualification from eligibility for regularisation

FUNCTIONS OF IMPRISONMENT OF RESIDUAL CATEGORY FUNCTIONS OF IMPRISONMENT OF RESIDUAL CATEGORY

DETERRENCE / ENHANCED REMOVABILITY DETERRENCE / ENHANCED REMOVABILITY

Achughbabian ruling Achughbabian ruling

Court of Justice's explicit reference to this function Court of Justice's explicit reference to this function Member States' dramatic position Member States' dramatic position Prison as a

negative incentive

Prison as a

negative incentive

Against deliberate hampering/delaying of removal Against deliberate hampering/delaying of removal E.G. UK ROSTAMI case Iranian detainee frequently threatened with prison in the event of continued non-compliance Iranian detainee frequently threatened with prison in the event of continued non-compliance Bounced about between prison and administrative detention for 3 YEARS

FUNCTIONS OF FREEDOM-IN-LIMBO FOR RESIDUAL CATEGORY FUNCTIONS OF FREEDOM-IN-LIMBO FOR RESIDUAL CATEGORY

PUNISHMENT PUNISHMENT DETERRENCE DETERRENCE

Not rewarding « illegal » behaviour with the benefits of legal or tolerated residence Not rewarding « illegal » behaviour with the benefits of legal or tolerated residence Deter « speculative » hampering of removal Deter « speculative » hampering of removal Explicit function according to British and Maltese delegations in a Council Working Party Meeting relating to the Return Directive Explicit function according to British and Maltese delegations in a Council Working Party Meeting relating to the Return Directive Germany : non-cooperative persons are excluded from the long- term prospect of regularisation, from higher social welfare benefits, and from formal access to employment (EMN Contact Point's Response to Query) Germany : non-cooperative persons are excluded from the long- term prospect of regularisation, from higher social welfare benefits, and from formal access to employment (EMN Contact Point's Response to Query)

FUNCTIONS OF FREEDOM-IN-LIMBO FOR RESIDUAL CATEGORY FUNCTIONS OF FREEDOM-IN-LIMBO FOR RESIDUAL CATEGORY

ENHANCED REMOVABILITY ENHANCED REMOVABILITY EXPRESSIVE POWER OF THE STATE EXPRESSIVE POWER OF THE STATE

“Host States must be like a cheap hotel room— decent enough to consider spending a night, but not the kind of place one would want to call home” (Matuhew Gibney) “Host States must be like a cheap hotel room— decent enough to consider spending a night, but not the kind of place one would want to call home” (Matuhew Gibney) Regularisation and formal toleration as visible weaknesses

• f territorial sovereignty

Council Document 8980/11 on

State practces regarding toleraton : SECRECY

Council Document 8980/11 on

State practces regarding toleraton : SECRECY

FUNCTIONS OF FREEDOM-IN-LIMBO FOR RESIDUAL CATEGORY FUNCTIONS OF FREEDOM-IN-LIMBO FOR RESIDUAL CATEGORY

CURBED-EXPENDITURE (ADDED) CURBED-EXPENDITURE (ADDED) SELECTION SELECTION

Polish and Irish delegations in a Council Working Party meeting relating to the Return Directive: the consequences and rights that flow from “giving a document to an illegal third-country national” Polish and Irish delegations in a Council Working Party meeting relating to the Return Directive: the consequences and rights that flow from “giving a document to an illegal third-country national” 1997 Eurobarometer and 2010 Transatlantic Trends Reports : “overall, large majorities ... (believe) that immigrants benefit more from health and welfare services than they contribute in taxes” 1997 Eurobarometer and 2010 Transatlantic Trends Reports : “overall, large majorities ... (believe) that immigrants benefit more from health and welfare services than they contribute in taxes” Preserving selective and meritocratic criteria for regularising or tolerating the status of persons who cannot be removed on practical grounds Preserving selective and meritocratic criteria for regularising or tolerating the status of persons who cannot be removed on practical grounds ODDS ARE VERY LOW FOR RESIDUAL CATEGORY AS A RESULT OF THE MUTUAL NOURISHMENT OF THE THREE EXCLUSIONARY SPACES ODDS ARE VERY LOW FOR RESIDUAL CATEGORY AS A RESULT OF THE MUTUAL NOURISHMENT OF THE THREE EXCLUSIONARY SPACES

CONCLUSION : EU STATES VERSUS NON-COOPERATIVE EXHAUSTED-RETURNEES CONCLUSION : EU STATES VERSUS NON-COOPERATIVE EXHAUSTED-RETURNEES

SPACE LEFT BY THE COURT'S 2011 RULINGS FOR SOVEREIGN FURY SPACE LEFT BY THE COURT'S 2011 RULINGS FOR SOVEREIGN FURY

WRATH against the least « desirable » non-removable

persons

WRATH against the least « desirable » non-removable

persons CONTEMPT against presumed ABUSERS CONTEMPT against presumed ABUSERS UK ROSTAMI case : individual described as “an experienced and knowledgeable evader of the immigration laws of this country [who has] done everything [he] can to frustrate [his] removal from this country.” (para 52) UK ROSTAMI case : individual described as “an experienced and knowledgeable evader of the immigration laws of this country [who has] done everything [he] can to frustrate [his] removal from this country.” (para 52)

ASSUMED AGENCY OF RESIDUAL CATEGORY ASSUMED AGENCY OF RESIDUAL CATEGORY NON-REMOVABILITY AS SMALLER PART OF BROADER STRATEGY OF ACCUMULATION, SURVIVAL, FAMILY UNITY ... NON-REMOVABILITY AS SMALLER PART OF BROADER STRATEGY OF ACCUMULATION, SURVIVAL, FAMILY UNITY ...

HANS LINDAHL'S IDEA OF COUNTERVAILING

CLAIMS TO EMPLACEMENT AND MISPLACEMENT

HANS LINDAHL'S IDEA OF COUNTERVAILING

CLAIMS TO EMPLACEMENT AND MISPLACEMENT INTERNATIONAL LEGAL ORDER WHICH ALLOCATES EMPLACEMENT OF INDIVIDUALS IN TERRITORIALLY DELINEATED NATION STATES INTERNATIONAL LEGAL ORDER WHICH ALLOCATES EMPLACEMENT OF INDIVIDUALS IN TERRITORIALLY DELINEATED NATION STATES RESIDUAL CATEGORY LAYING CLAIM TO A PLACE WHICH THEY DO NOT HAVE UNDER CURRENT LEGAL ORDER RESIDUAL CATEGORY LAYING CLAIM TO A PLACE WHICH THEY DO NOT HAVE UNDER CURRENT LEGAL ORDER

AIM TO HIGHLIGHT PLIGHT OF THE ILLEGAL RESIDENTS LEFT OUT OF THE COURT'S PROTECTIVE RULING AIM TO HIGHLIGHT PLIGHT OF THE ILLEGAL RESIDENTS LEFT OUT OF THE COURT'S PROTECTIVE RULING