Across the Sloping Meadow Floor. An Empirical Analysis of Detention of Deportable Non-Citizens

22 Pages Posted: 29 Jun 2017

See all articles by Joan-Josep Vallbé

Joan-Josep Vallbé

Department of Political Science, University of Barcelona

Markus Gonzalez Beilfuss

University of Barcelona - Departament de Dret Constitucional

Barak Kalir

Department of Anthropology

Date Written: June 28, 2017

Abstract

In many countries, the law permits state authorities to detain non-citizens who have pending deportation orders. As a measure against the right of liberty, international law, the EU legal framework and states establish a number of procedural safeguards, such as legal aid and judicial review. Typically the judicial decision about detention must be made within a short period of time during which deportable non-citizens are held in police premises, and depending on the country detention may last just one month (e.g., France) or up to 18 months (the Netherlands). While previous research has explored various dimensions of non-citizen detention including the legal procedure, health consequences, the condition of detention centers, and the lives of deportable non-citizens, the empirical assessment of the determinants of decisions on deportation are largely unexplored. Using data from court proceedings of police petitions of detention and a quantitative strategy, in this paper we undertake an empirical analysis of non-citizen detention combining personal background of deportable non-citizens, legal factors of the case, and the behavior of different actors involved in the procedure. To do it, we fit multilevel logistic regression models that take into account variation occurred at both court and judicial district levels. Results indicate, on the one hand, that relevant actors involved in the procedure use different informational cues to decide on cases. On the other hand, the role of attorneys during hearings proves also relevant to predict detention.

Keywords: non-citizen detention, deportation, heuristics, judicial decision, prosecutor

Suggested Citation

Vallbé, Joan-Josep and Gonzalez Beilfuss, Markus and Kalir, Barak, Across the Sloping Meadow Floor. An Empirical Analysis of Detention of Deportable Non-Citizens (June 28, 2017). Available at SSRN: https://ssrn.com/abstract=2994123 or http://dx.doi.org/10.2139/ssrn.2994123

Joan-Josep Vallbé (Contact Author)

Department of Political Science, University of Barcelona ( email )

Diagonal 684
Faculty of Law
Barcelona, Barcelona 08015
Spain

Markus Gonzalez Beilfuss

University of Barcelona - Departament de Dret Constitucional ( email )

Gran Via de les Corts Catalanes, 585
Barcelona, 08007
Spain

Barak Kalir

Department of Anthropology ( email )

Spui 21
Amsterdam, 1018 WB
Netherlands

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