The Canadian Justice system has failed its mandate of creating a just and peaceful society for all in regards to treatment of immigrants. Our current system of operations of indefinite immigrant detention is in desperate need of revitalization for as it stands it is one of the weakest and most unnecessarily components of our legislature. As proven through differing worldwide policies a limitation can be applied effectively and national security may still be maintained. Clear limits to the practice of detention are in place in both the European Union and in the United States. In the EU, detention is capped at six months with the possibility of extending to 18 months in certain cases. In the U.S., the period of presumptive release is six months, and is subject to exceptions, such as for …show more content…
According to the agency End Immigration Detention Network, there are approximately 450 to 500 people in detention in Canada under the Immigration and Refugee Protection Act at any given time. Since 2000, a total of 15 have died in custody, according to the advocacy group’s records. Of those 15 of whom have passed while in custody many of those deaths were results of suicides of detainees who suffered serious mental health issues that were not properly addressed in custody. In Cleveland and Rousseau’s article Mental Health Impact of Detention they argue that the implications such as mandatory detention is associated with high levels of psychiatric symptoms, which increase with time in detention and tend to be aggravated frequently. In a study conducted in the United States, after a median detention of 5 months, 86% of detainees showed clinical levels of depression, 77% had clinical anxiety and 50% had clinical post-traumatic stress disorder. A few months later, the mental health of those who were still detained had continued to
Historically, Canada has held a world renowned reputation as nation with a magnanimous ideological approach to providing asylum to those individuals subjected to marginalization and persecution in their homeland – regardless of their nation of origin (Ismaili, 2011, p.89 & 92). Indeed, providing sanctuary to refugees who would otherwise experience significant hardships ranging from blatant discrimination and racism to torture and genocide, has very much become an institutionalized aspect of Canadian society. However, recent changes to Canada’s immigration policy delineated in the Immigration and Refugee Protection Act and Bill C-31 may have perhaps put this ideology in peril (Immigration and Refugee Protection Act, 2001).
The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.
In the U. S today, the approximated population of undocumented immigrants stands at averagely 11 million. Therefore, this has created a hot debate in Congress about the action to take over the undocumented immigrants. Those opposed to illegal immigrants suggest that, their stay in the United States effects U.S citizens on the job market negatively . In addition, illegal immigrants are viewed in certain quarters as takers in the sense that illegal immigrants benefit more from public resources than the american-born citizens of the U.S. However, the reality is that immigrants contribute positively to the U.S economy and pay significantly into the system compared to what they send back home. In addition, the contributions associated with undocumented immigrants involve sustaining the solvency of the SSTF (Social Security Trust Fund). In this sense, the use of cost benefit analysis by those supporting immigration restrictions are unfounded and do not reflect the facts on the ground (Nadadur 1037). The opponents of undocumented immigrants believe that having more undocumented immigrants in the U.S is costly; however, there are no solid reasons to prove that undocumented immigrants are a burden to the treasury. Instead, the undocumented immigrants play an important role in boosting the economy and in particular by taking up jobs those citizens perceive as demeaning because the money they earn goes back to the economy through taxes resulting from consumer spending when they send money back home.
Solitary confinement has the ability to shatter even the healthiest mind when subjected to indefinite lockdown, yet the mentally ill, who are disproportionately represented in the overall prison population, make up the majority of inmates who are held in that indefinite lockdown. Within your average supermax prison in which all inmates are subjected to an elevated form of solitary confinement, inmates face a 23-hour lockdown, little to no form of mental or physical stimulation that is topped off with no human interaction beyond the occasional guard to inmate contact. It is no wonder ‘torture’ is often used synonymously to describe solitary confinement. For years, cases arguing against solitary confinement have contested against its inhumane
The number of people that are detained within immigration detention in Australia changes constantly. As of 30th of November 2015, there were 1,852 people held in immigration detention facilities and 585 in community detention. 174 children were being detained in closed immigration detention facilities: 104 were being held in closed immigration detention facilities within Australia and 70 children were detained in the Regional Centre in Nauru. However, there was also 331 children in community detention in Australia. That’s over 400 children being held in detention centres. Australia’s refugee policy has no set time limit to how long a person may be held in immigration detention. The period of time in which an individual spends in detention may vary from a few
The United States has been known as the “Melting Pot ”and “The Land of Opportunity” for decades, but the title is slowly diminishing as scrutiny has been bombarding immigrants for wanting a better life. As questions arise of what is needed to protect the borders from possible terrorist other factors come into play such as what immigrants have to contribute to the country. Immigration is actually vital to our country since it provides the government more income, it brings the country a positive image, and DACA helps the community come together.
Grieb, Suzanne M Dolwick,PhD., M.P.H., Crawford, A., Fields, J., Smith, H., Harris, R., & Matson, Pamela,PhD., M.P.H. (2014). "The stress will kill you": Prisoner reentry as experienced by family members and the urgent need for support services. Journal of Health Care for the Poor and Underserved, 25(3), 1183-200. Retrieved from http://ncat.idm.oclc.org/login?url=https://search-proquest-com.ncat.idm.oclc.org/docview/1557153211?accountid=12711
If a person convicted of a crime shows no signs of being mentally ill when entering a prison which enforces the long-term use solitary confinement, by the time they completed their sentence and are released, their mental health will have been severely compromised. Studies have shown that the long-term use of segregation in prisons can cause a wide variety of phycological effects such as anxiety, psychosis, depression, perceptual distortions, and paranoia, often leading to a desire to self-harm or in more severe cases suicide. Not only is it wrong to hold a criminal in solitary confinement for any longer then fifteen days, it is unconstitutional. Although many believe the use of solitary
The study continues on to explain further ramifications, such as, physical effects. This shows some of the devastating effects the practice of administrative segregation has on inmates’ mental and physical well-being. Often, it is the mentally ill that are unfairly subject to this practice. “Mentally ill inmates may find themselves inappropriately placed in administrative segregation because of a lack of other suitable placements, protective custody reasons, or disruptive behavior related to their mental illness.” (O 'Keefe 125). Instead of providing safety to inmates and staff as the prison system claims administrative segregation is for, its main objective is social isolation. Which is one of the harmful elements of AS that makes it torture. Additionally, an annual report from the Canadian Government’s Office of the Correctional Investigator’s states, “close to one-third of reported self-injury incidents occurred in (federal prisons) segregation units”. Therefore, one can infer that the negative effects of AS are contradictory to providing safety to inmates. UN Special Rapporteur on Torture Juan Mendéz proposed administrative segregation should be banned as the “isolation of inmates amounted to cruel, inhuman or degrading treatment or punishment or – in more severe cases – to torture.” The ramifications of administrative segregation amount to what is defined as torture by lawyer and human rights Juan Mendéz. Administrative segregation is an unconstitutional treatment of inmates and does not constitute the values of our society, or the dignity and humanity of all people. Which is contradictory to rehabilitating a person to be physically, socially and mentally restored for reintroduction into society. Its use in Canada’s prison system is unjustified, unethical, and ultimately,
Grounds (2004) contends that twelve of the men met criteria for post-traumatic stress disorder (PTSD). Their symptoms are directly related to specific threats of extreme violence. Victims gave examples which included nightmares of assaults that occurred while incarcerated and panic attacks in response to police sirens. In sixteen cases, other psychiatric disorders were evident. Ten of them suffered from a type of depressive disorders, five had features of a panic disorder, four had symptoms of paranoia, and three had acquired a dependence on drugs and/or alcohol. In addition, chronic sleeping problems, moodiness, and irritability were increased in all cases. Exonerated victims are often suddenly release which creates problems with adjustment. Their functioning of practical tasks, such as using ATM’s or crossing busy roads, mandated humiliating struggles with coping. Adaptation to new physical surroundings creates tension because of the change in predictable and ordered prison cell environment. Friends and family report confusion about the victim’s withdrawal and avoidance of social contact. These individuals have often lost their sense of purpose. They may have lost their family, homes, and most importantly- hope. Coping with lost time involves managing circumstances that occurred during incarceration such as deaths, weddings, relating to their children, and cultural changes.
Thousands of people statewide are in prisons, all for different reasons. However, the amount of mental illness within prisons seems to go unaddressed and ignored throughout the country. This is a serious problem, and the therapy/rehabilitation that prison systems have do not always help those who are mentally ill. Prison involvement itself can contribute to increased suicide (Hills, Holly). One ‘therapy’ that has increased throughout the years has been the use of solitary confinement, which has many negative effects on the inmates.
Undocumented citizens should receive the same rights as American citizens. While in America, everyone should be protected from discrimination, unfair treatment, and injustice. This is because no one should be denied basic human rights. Also, immigrants will always attempt to come to the U.S., whether it's allowed or not. There is no reason why while in America, they should have less rights than regular citizens. It is only discriminatory and unnecessary. Lastly, immigrants have always provided for this country more than they have hurt it. If undocumented citizens help contribute to America, why should they not be allowed American rights?
American immigration policy is supported by a number of laws, which some of them date back as far as 1798. Laws range in all manner of presentation. Top in the list is security, employment, and the quota system. It should be noted that American immigration policy is centered on brain gain benefit, which is seconded by a friendly philanthropic commitment to spread job opportunities to economically challenged countries. This research will prove that the American immigration policy is responsive to local and global issues, but it needs some improvement in the way it is oriented. The research is defragmented into two main sections; firstly, the background section of the immigration section; seconded, by the discussion. The discussion part will analyze the issues, and provide possible policy changes.
For centuries, migrating has been a life changing decision for people that choose to enter the United States in search of a better future. Therefore, immigration is the permanent residency of people that choose to move to a new country. There are debates concerning the immigrants who enter the United Stated illegally and as the daughter of immigrant parents, I am fortunate to be born in this country.
Immigration law is a very interesting area of the law in which one has the wonderful opportunity to help people in great need. In the United States, immigration law refers to the different governmental policies that control foreign immigration to the country. Also, immigration law governs the legal status of people already in the country in matters such as citizenship and permanent residency. The United States maintains strict immigration laws; these laws regulate both the right of entry and internal rights of a foreigner. These rights can involve the duration of stay and the right to participate in government. Additionally, the United States has laws that allow for a naturalization process to take place by which immigrants may become U.S. citizens.