TY - JOUR
T1 - Socio-Legal frameworks to understand deportation of non-citizens
T2 - international laws versus national laws and policies
AU - Marmo, Marinella
AU - Guo, Sanzhuan
PY - 2025
Y1 - 2025
N2 - International law, supranational or regional law, and human rights frameworks categorically prohibit collective expulsion, while international and supranational courts are tasked with enforcing these legal norms. Yet despite these clear legal precedents, national laws continue to routinely utilise deportation as both a symbol and a mechanism of exclusion, marking certain individuals as ‘unwanted’ and subjecting them to removal. This contradiction forms the core question addressed in the special issue, ‘Socio-legal Frameworks to Discipline out Unwantedness: A Critical Lens on Mass Deportation of Non-Citizens’. This introduction critically interrogates the tensions between state sovereignty and the legal commitments under international law, offering a socio-legal perspective on the normalisation of mass deportation and its implications for human rights and global migration regimes. It aims to explore the theme of deportation through the key themes: (1) The past-present continuum of deportation; (2) The shift to a ‘deportation regime’ at the level of states, and (3) The facilitation of deportation through technology. While the topic can be approached as a technical analysis of international and national legal frameworks and their evolution over time, we aim to remind readers of the current state of affairs and reflect on what is being lost in this process.
AB - International law, supranational or regional law, and human rights frameworks categorically prohibit collective expulsion, while international and supranational courts are tasked with enforcing these legal norms. Yet despite these clear legal precedents, national laws continue to routinely utilise deportation as both a symbol and a mechanism of exclusion, marking certain individuals as ‘unwanted’ and subjecting them to removal. This contradiction forms the core question addressed in the special issue, ‘Socio-legal Frameworks to Discipline out Unwantedness: A Critical Lens on Mass Deportation of Non-Citizens’. This introduction critically interrogates the tensions between state sovereignty and the legal commitments under international law, offering a socio-legal perspective on the normalisation of mass deportation and its implications for human rights and global migration regimes. It aims to explore the theme of deportation through the key themes: (1) The past-present continuum of deportation; (2) The shift to a ‘deportation regime’ at the level of states, and (3) The facilitation of deportation through technology. While the topic can be approached as a technical analysis of international and national legal frameworks and their evolution over time, we aim to remind readers of the current state of affairs and reflect on what is being lost in this process.
KW - Deportation
KW - collective expulsion
KW - human rights
KW - due process
KW - crimmigration
KW - technology
UR - http://www.scopus.com/inward/record.url?scp=105023153353&partnerID=8YFLogxK
UR - http://purl.org/au-research/grants/ARC/DP210100931
U2 - 10.1080/10383441.2025.2590831
DO - 10.1080/10383441.2025.2590831
M3 - Article
AN - SCOPUS:105023153353
SN - 1038-3441
VL - 34
SP - 131
EP - 150
JO - Griffith Law Review
JF - Griffith Law Review
IS - 2
ER -