Time, Indifference, and Long-Term Pre-removal Immigration Detention - European Public Law View Time, Indifference, and Long-Term Pre-removal Immigration Detention by - European Public Law Time, Indifference, and Long-Term Pre-removal Immigration Detention 31 3

This article gives a philosophical account of how and why public authorities employ time in the context of long-term pre-removal immigration detention (LPID) in Europe. Existing philosophical accounts see immigration detention as an expression of sovereign power, disciplinary power or governmentality. Most persuasive is the paradigm of detainability (De Genova). This article finds that the existing philosophical accounts can capture aptly most forms of migrant detention and areas of migration policy (e.g., asylum detention, hotspots, and the border detention regimes at the fringes of Europe), but not LPID in Europe. An alternative logic can better explain how and why authorities deploy LPID: indifference. Authorities simply do not care about the migrant’s time. They are indifferent and think they can afford to be indifferent, because the problem is politically, legally, and logistically irrelevant. A practical upshot of the findings in this article relates to modes of resistance. If LPID is not a matter of disciplinary power and governmentality, then the corresponding modes to resist disciplinary power and governmentality are unavailable or obsolete. By contrast, if LPID is better understood in terms of indifference, resistance may come from an unexpected source, namely individual officials acting by stealth.

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