A case of mixed motives?: Formal and informal functions of administrative immigration detention

Abstract

In most EU countries and the United States, immigration detention is defined as an administrative, non-punitive measure to facilitate expulsion. This paper argues that immigration detention in the Netherlands serves three informal functions in addition to its formal function as an instrument of expulsion: (1) deterring illegal residence, (2) controlling pauperism and (3) managing popular anxiety by symbolically asserting state control. These informal functions indicate that society has not found a definitive solution for the presence of migrants who are not admitted but are also difficult to expel. The analysis, which is placed against the background of the functions of penal detention, is based on policy documents, survey data, administrative data and fieldwork in a Dutch immigration detention centre. The Author 2010. Published by Oxford University Press on behalf of the Centre for Crime and Justice Studies (ISTD). All rights reserved.2010 © The Author 2010. Published by Oxford University Press on behalf of the Centre for Crime and Justice Studies (ISTD). All rights reserved.