Download PDF: Immigration detention and stateless persons (1.1 MB)
Administrative detention occurs where a state arrests and detains an individual outside the criminal law context. A key example of this is immigration detention. Different groups are susceptible to immigration detention in different countries. For example, in some, asylum seekers are held while their claims are verified. In some, refused asylum seekers are held while deportation is arranged. Some states categorize irregular border crossing as itself a criminal offense, so that immigration detention becomes, at least in practice, a form of criminal detention. Others merely hold irregular border crossers while they arrange deportation. For stateless persons, this is particularly problematic. Without citizenship, stateless persons may be difficult to deport. As a result, they can find themselves in immigration detention for long periods of time or even indefinitely while they wait for a deportation that will in all likelihood not take place. This situation runs counter to International Law.